(A) Applications for zoning action. The following parties may file for zoning action as specified in this chapter:
(1) Map amendments. An application for a map amendment may only be filed by the Village Board of Trustees, the Plan Commission, the Planning and Zoning Board, the property owner, contract purchaser with the owner's consent, or the owner's agent.
(2) Text amendments. An application for a text amendment may only be initiated by the Village Board of Trustees, the Plan Commission, or the Planning and Zoning Board.
(3) Variations, special uses, provisional uses, planned developments. An application for a variation, special use, provisional use, or planned unit development may only be filed by the Village Board of Trustees, the Plan Commission, the Planning and Zoning Board, the property owner, contract purchaser with the owner's consent, or the owner's agent.
(B) Application requirements. Each application for zoning action as specified in this chapter shall be filed with the Zoning Administrator. The application shall contain the following information:
(1) Name and address of the applicant(s).
(2) Existing zoning classification.
(3) Requested zoning action.
(4) Legal description and common address for each property for which zoning action is requested.
(5) Reason and justification for the request.
(6) Other relevant characteristics about the subject property as indicated on the application form.
(C) Evidence of ownership. Other than village- initiated action, applicants for zoning action shall submit evidence of their interest in the property along with complete disclosure of the legal and equitable ownership in any real estate affected for which zoning action is sought. Evidence of ownership may include a policy of title insurance, warranty deed, a legally binding contract to purchase, or other indication of ownership. If title is in a land trust in addition to proof of ownership, the trustee shall provide certification of the names, addresses, and percentage of interest of each beneficial owner. Where the petitioner is someone other than the owner, a letter of authorization from the legal owner shall accompany the application.
(D) Site plan requirements.
(1) For map amendments, the applicant shall submit one reproducible site plan of existing conditions on the subject property. The site plan shall include the scale, north arrow, property lines, public streets adjoining the property, and if applicable, existing buildings, fences, access points, parking, and circulation areas. The site plan shall show all dimensions of lines, buildings, and setbacks, and include building height. For other zoning action, site plan submission shall meet the requirements of the subchapter regulating such action.
(2) The Zoning Administrator may waive the requirement for a site plan if it is determined that information on the site plan is generally available from other sources, or that the nature of the request is such that the requirement for a site plan is not necessary to consider the zoning action. The Zoning Administrator shall make the waiver in writing and such a waiver shall be submitted along with the application.
(E) Fees and processing costs.
(1) A fee shall accompany each application; the fee as established by the Village Board from time to time.
(2) The applicant shall be responsible for obtaining and pay all costs thereto or hire a title company to prepare the list of the taxpayers of record for all properties required to receive written notice as required in this subchapter.
(F) Published notice. Notice of time and place of the hearing shall be published at least once, no more than 30 days nor less than 15 days before the hearing, in a newspaper in general circulation within the village. The notice shall give the date, time, and place of the hearing and contain a brief description of the proposed zoning action. If the zoning action pertains to a specific parcel or parcels, then the notice shall also contain a legal description and common address of the area for which the change is proposed.
(G) Written notice.
(1) (a) For any zoning action for real estate, which requires a public hearing in accordance with this chapter, the applicant shall submit, with the application, the most recent list of taxpayers of record for all property, any portion of which, is located on or within the area defined by a line extended 250 feet outward in all directions from the perimeter of the subject properties. The list of taxpayers shall be compiled from records maintained by the Champaign County Assessor's Office not more than 30 days before the opening of the public hearing. The responsibility for obtaining and providing this information shall be the applicants. The measurement of all right-of-way shall be excluded in measuring the 250 foot perimeter. If any part of a condominium property is located within 250 feet of the subject property, the name of each taxpayer of record for each condominium unit shall also be submitted to the Zoning Administrator.
(b) This represents the statutory requirement for notice of hearings.
(2) Not less than 15 days, but not more than 30 days before a public hearing, the Zoning Administrator shall give written notice by first class mail to the following:
(a) The applicant.
(b) The owners of the subject property for which the zoning action is sought as identified in accordance with this chapter. If ownership is in a land trust or partnership, only the trustee or general partner need be notified.
(c) The taxpayers for property within 250 feet of the subject property as identified in accordance with this chapter.
(3) The notice shall contain the date, place, and time for the public hearing on the application, the address of the subject property, a brief statement of the nature of the request, and the name of the
petitioner. The village shall make a good faith effort to comply with the requirements of this chapter, however, failure to send the notice will not invalidate any action by the village.
(H) Notice by sign.
(1) (a) An applicant seeking any zoning action for any real estate, which requires a public hearing, shall allow the village to post weatherproof signs, indicating the upcoming hearing for the property, which are adequate in size and number to be visible from the adjacent roadways. The village shall post the signs approximately ten days prior to the public hearing. A good faith effort shall be made to keep the signs in place until the close of the public hearing, but in no case shall the signs remain after ten days from the completion of the final public hearing.
(b) The requirement for posting signs is intended to provide notice to interested parties in the vicinity of the subject property. The sign would provide notice to individuals that would be missed by the written notice such as tenants, homeowners who have tax bills sent to mortgage companies, and residents outside the 250-foot radius from the property.
(2) The required sign shall contain the words "NOTICE OF PUBLIC HEARING" at the top of the sign. The sign must also indicate the requested zoning action, date, time, and place where the hearing shall be conducted, a statement that the public is invited, and the phone number for the village.
(3) The Zoning Administrator may waive the requirement to post the sign in cases involving multiple lots where other measures are being used to notify interested parties. Such waiver shall be made a record of the case.
(4) The village shall make a good faith effort to comply with the requirements of this chapter, however, failure to comply with these requirements shall not invalidate any zoning action.
(Ord. 2020-O-3, passed 2-18-2020)