(A) Generally.
(1) An application for a variance, signed by the owner or developer of the development to which it relates, shall be filed with the Chief Subdivision Engineer, who shall forward a copy of the application to the Planning and Zoning Commission for public hearing. The application shall be in a form, contain information and be accompanied by plans as the Commission may by rule require. No application for a variance will be accepted for filing unless it relates to a previously or contemporaneously filed application for a site development permit. Applications for a variance shall be filed in a number of duplicate copies as the Commission may by rule require. No action will be taken on an application for a variance unless it and the corresponding application for a site development permit to which it relates are complete as determined by the Chief Subdivision Engineer.
(2) An application for variance shall set forth:
(a) The common addresses and legal descriptions of all lands comprising the development;
(b) The names and addresses of all owners of record of the legal title of all lands comprising the development;
(c) If title to any of the land comprising the development is held in trust, the names and addresses of all beneficiaries of the trust;
(d) The names and addresses of the developers of the land, if different from the owner;
(e) The names and addresses of all consultants retained by the developer in connection with the application for a variance;
(f) The names and addresses of all property owners within 250 feet of the development;
(g) The specific feature or features of the development that require a variance;
(h) The specific provision of this ordinance from which a variance is sought and the precise extent of the variance there from;
(i) A statement of the characteristics of the development that prevent compliance with the provisions of this chapter;
(j) A statement that the variance requested is the minimum variance necessary to permit the development; and
(k) A statement as to how the variance requested satisfies the standards set forth in § 164.144 of this chapter.
(B) Application and notice of hearing. Not more than 30 nor less than 15 days before the hearing, notice of the hearing shall be sent, by the applicant, certified letter return receipt requested to the following: the Director, to all property owners within 250 feet of the development as disclosed in the application, and to each certified community within the same watershed as the development. Within the same time period, notice of the hearing shall be published at least once in a newspaper of general circulation in the county. The notices given under the section shall meet the requirements set forth in ILCS Ch. 55, Act 5, § 5-12009. The published notice may be supplemented by an additional form of notice as the Commission may provide by rule. The Commission may dismiss any application whenever the applicant fails to appear for a scheduled and advertised public hearing, or whenever the applicant fails at more than one meeting to provide the documentation necessary to demonstrate compliance with the notice requirements. No variation shall be made without first having posted a sign(s) on the property in accordance with the provision of division (C) below.
(C) Sign posting requirements. The applicant shall be required to erect at least one sign for every 500 linear feet of street frontage with a minimum of one sign on each street abutting the property in order to adequately inform the public. The applicant shall be responsible for ensuring that the sign(s) is/are placed and maintained as herein provided. Failure to properly post sign(s) shall be grounds for deferral or denial of the application. Sign(s) shall be posted upon the subject property at least 15 days prior and not more than 30 days prior to the public hearing. The applicant shall be responsible for removing the sign(s) within five days after completion of the public hearing. Should the applicant and/or his or her assigned agent refuse or fail to remove the sign or signs as herein provided, the Land Use Department shall cause the sign(s) to be removed and shall bill the applicant for the cost of the removal. The applicant shall provide a sworn certification to the Planning and Zoning Commission Secretary that the notice was posted upon the subject property prior to the public hearing. The Chief Subdivision Engineer, or his or her designee, may vary the provisions of this division when these provisions are found inappropriate under the circumstances to provide the intended notice. This discretion shall rest solely with the Chief Subdivision Engineer, or his or her designee, and not with the applicant; shall include, but not limited to, sign content, format, size, material, quantity and location; notwithstanding the exercise of this discretion, the minimum requirements provided in this division shall be satisfied. All expenses incurred to fulfill the requirements of this division shall be the responsibility of the applicant.
(Ord. 10-164, passed 6-17-2010)