1. Purpose. The purpose of this Section is to establish the application, notice, and public hearing procedures for the zoning applications and approvals of this Ordinance.
2. Application Procedure.
a. Authorization. Any property owner in the Village, or proposed for location in the Village in the case of annexation applications, or individual expressly identified by the owner in writing, is authorized to file an application for a minor site plan review, major site plan review, special use permit, variation, administrative adjustment, zoning appeal, or planned development. Any property owner in the Village, an individual expressly identified by any owner in writing, or the Village is authorized to file an application for a zoning text amendment, zoning map amendment, or zoning interpretation.
b. Pre-Application Consultation. Prior to filing a zoning application, the applicant may arrange a pre-application consultation with the Zoning Administrator to discuss the application. At the pre-application consultation, the Zoning Administrator shall provide the applicant with guidance on the application procedure and the evaluation of applications.
c. Filing. All applications shall be filed with the Zoning Administrator on forms provided by the Village. Applications shall be filed in such number as requested by the Village, with plans at a scale sufficient to allow a clear understanding of the proposal, and with all of the contents required by the application and this Article, as determined by the Zoning Administrator.
d. Fees. Every application shall be accompanied by the required filing fee as established and modified from time to time by the Village Board. Until the fee is paid, no steps shall be taken to process the application. Applications initiated by the Village shall be exempt from fees. Application fees are as follows: Annexation ($300); Major Site Plan Review ($150); Minor Site Plan Review ($100); Floodplain Development Permit ($100); Map Amendment ($100 single lot under 10,000 square feet, $200 single lot equal to or greater than 10,000 square feet or any multiple lot application); Special Use Permit ($100 single lot under 10,000 square feet, $200 single lot equal to or greater than 10,000 square feet or any multiple lot application); Variation ($100 single lot under 10,000 square feet, $200 single lot equal to or greater than 10,000 square feet or any multiple lot application); Variation After The Fact ($1,000); Planned Development ($100 single lot under 10,000 square feet, $200 single lot equal to or greater than 10,000 square feet or any multiple lot application); Vacations ($300); Administrative Adjustments ($100); Major Subdivision Preliminary Plat ($300); Major Subdivision Final Plat ($300); Minor Subdivision Preliminary Plat ($100); Minor Subdivision Final Plat ($100); Temporary Use Permit ($50).
e. Completeness. The Zoning Administrator shall determine whether the application is complete. Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall notify the applicant and the application shall be scheduled for consideration by the appropriate board, commission, or official. Upon the Zoning Administrator's determination that the application is deficient, according to applicable application requirements and Village policies, the Zoning Administrator shall notify the applicant and no steps shall be taken to process the application until the deficiencies are rectified.
f. Failure to Act. The Zoning Administrator or Planning and Zoning Commission's failure to issue a decision or make a recommendation on any application within the applicable period specified in this Ordinance shall be deemed approval of, or a recommendation for approval of, such application. The Village Board's failure to issue a decision on any application within the applicable period specified in this Ordinance shall be deemed denial of such application.
g. Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by a board, commission, or official. Application fees for withdrawn applications will not be refunded.
h. Successive Application. A successive application for an application that has been denied shall not be reviewed or heard within one year after the date of denial, except if substantial new information has become known since the denial. A successive application filed within one year of the date of denial shall include detailed information that justifies its consideration. The Zoning Administrator shall determine whether a successive application is appropriate for submittal.
I. Public Examination of Application. Any person may examine any zoning application and any of the application's supporting materials, subject to the Illinois Freedom of Information Act. Upon reasonable request, any person shall be entitled to copies of the application and related documents subject to a fee specified by the Village.
3. Notice. The administrative body conducting a hearing or making a decision shall not hear or review a zoning application unless the applicant complies with the notice requirements of this Section. Table 156.02.B-1 Types of Required Notice indicates the types of notice required prior to public hearings or decisions on each of the zoning applications.
Zoning Application | Notice Type | ||
Published | Village Website | Mailed/ Delivered | |
Zoning Application | Notice Type | ||
Published | Village Website | Mailed/ Delivered | |
Special Use Permit § 156.03.C.3 | • | • | • |
Variation § 156.03.C.5 | • | • | • |
Administrative Adjustment § 156.03.C.6 | • | • | |
Zoning Text Amendment § 156.03.C.7 | • | • | |
Zoning Map Amendment § 156.03.C.7 | • | • | • |
Zoning Appeal § 156.03.C.7 | • | • | |
Preliminary Plat for a Major Subdivision § 156.03.B | • | • | • |
Planned Development § 156.03.D | • | • | • |
a. Published Notice.
(1) Applicability. Published notice of a public hearing shall be provided by the Village.
(2) Timeframe.
(a) Newspaper. Published notice shall be provided in a newspaper of general circulation within the Village no less than 15 days, but no more than 30 days, in advance of the scheduled hearing date.
(b) Internet. The Village shall provide additional published notice of the hearing on the Village's website no less than 48 hours in advance of the scheduled hearing date.
(c) Contents. The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, parcel index number (PIN), and the address of the subject property.
b. Mailed or Delivered Notice.
(1) Special Use Permits, Variations, Zoning Map Amendments, Preliminary Plats, and Planned Developments.
(a) Applicability. The requirements of this Section apply to special use permits, variations, zoning map amendments, and planned developments.
(b) Timeframe. The notice shall be provided no less than 15 days, but no more than 30 days, in advance of the scheduled hearing date.
(c) Notice to Neighboring Properties. Mailed or delivered notice shall be provided by the applicant to the owners of all properties located within 250 feet of the property line of the subject property. The area occupied by any public right-of-way shall not be included as part of this requirement. The applicant responsible for the mailed or delivered notice shall provide an affidavit to the Zoning Administrator stating that notice was provided to every property within 250 feet of the subject property as well as the names, addresses, and parcel index numbers of all notice recipients. The requirements of this Section shall not prevent the applicant from giving additional notice to properties located more than 250 feet from the property line of the subject property as the applicant may deem appropriate. This notice requirement does not apply to administrative adjustments, which are subject to the provisions of §156.02.B.3.b(2) (Administrative Adjustments).
(d) Contents. The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, and the address of the subject property.
(2) Administrative Adjustments.
(a) Applicability. The requirements of this Section apply to administrative adjustments.
(b) Timeframe. The notice shall be provided at least 15 days prior to the date that the Zoning Administrator indicates that a decision will be rendered on the application.
(c) Notice to Neighboring Properties. Mailed or delivered notice shall be provided by the applicant to the owners of all properties located adjacent to and across the street from the subject property. Mailed or delivered notice of Zoning Administrator review shall be provided by the applicant for applications for administrative adjustments. The applicant responsible for the mailed or delivered notice shall provide an affidavit to the Zoning Administrator stating that notice was provided to each property and shall provide the Village with the names and addresses, and parcel index numbers of all notice recipients.
4. Public Hearings and Public Meetings.
a. Call for Public Hearings or Public Meetings. All public hearings and meetings shall be held at the call of the chairperson of the convening body and shall be open to the public.
b. Testimony. Any person who attends a public hearing or public meeting may appear and present testimony regarding an application. All testimony shall be given under oath or by affirmation.
c. Voting. The convening body shall keep minutes of its proceedings that show the vote of each member of the hearing body upon each application, or if absent, or failing to vote, indicating that fact.
d. Meetings and Records. The convening body shall keep records of its hearings, and evaluation standards shall be included in the minutes of each application specifying the reasons for the body's decision. Every determination of the convening body shall be part of the public record.
e. Rules of Procedure. The convening body's rules of procedure shall not conflict with this Ordinance or with state statutes.
(Am. Ord. 2019-30, passed 9-16-19; Am. Ord. 2021-22, passed 5-3-21)