A. Recommending And Legislative Body Review: All matters requiring a recommendation from the plan and zoning commission including, but not limited to, zoning ordinance text amendments, zoning map amendments, comprehensive development plan amendments and/or updates, zoning variances and special use permits (including planned developments), shall require a public hearing and receive such required recommendation in writing prior to appearance before the village board for final approval.
B. Public Notice For Text Amendments And Zoning Map Amendments (Rezoning) Done In Conjunction With Comprehensive Updates Or Comprehensive Text Changes To The Zoning Ordinance: Notice shall be given of the time and place of the public hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice at least once in one or more newspapers with a general circulation within the village.
C. Public Notice For Variances, Special Use Permits And Zoning Map Amendments (Rezoning) Not Done In Conjunction With Comprehensive Updates Or Comprehensive Text Changes To The Zoning Ordinance:
1. Within forty five (45) days of receipt by the zoning administrator of all required application information and payment of any required fees, the plan commission or zoning board of appeals, as appropriate shall hold a public hearing on such application at a time and place as shall be established by legal notice of hearing by the chairperson. The hearing shall be conducted and a transcript of the proceedings shall be preserved in accordance with rules prescribed by the plan and zoning commission.
2. Notice of the time, place and topic (including the address of the subject property, if applicable) of such public hearing shall be made known to the public in the following manner:
a. Petitioner/Property Owner:
(1) The petitioner and/or property owner shall, by certified mail, return receipt requested, notify all property owners within two hundred fifty feet (250') in all directions of the subject property, as recorded with the county recorder of deeds. Said notices shall be mailed out not more than thirty (30), nor less than fifteen (15) days in advance of such hearing.
(2) The petitioner and/or property owner shall file a sworn affidavit with the village manager that confirms that notices have been sent as required, and include a copy of the notice and the names and addresses of all to whom notices have been sent. All certified mailing return receipts shall be submitted at the public hearing or, prior to the public hearing date, to the village manager.
(3) The petitioner/property owner shall provide notice of the public hearing by erecting at least one, but no more than four (4) signs to be furnished by the applicant at his or her own cost on the land which is the subject of the application, as follows:
(A) The applicant shall erect the sign or signs required by this subsection at least fifteen (15), but not more than thirty (30) days prior to said public hearing and shall remove said sign(s) within one week after the public hearing date specified on the sign(s). In no event shall said signs be removed prior to or on the date for the public hearing specified on the sign(s) unless the application is withdrawn.
(B) The face of the sign required by this subsection shall be at least thirty six inches (36") in height and forty eight inches (48") in length and shall read as follows:
PUBLIC NOTICE
This land is being considered for
A public hearing will be held on, at P.M. in the Winfield Village Hall, 27W465 Jewell Road, Winfield, Illinois. For information call the Village Manager at (630) 933-7100.
Plan and Zoning Commission
Village of Winfield
Said sign(s) shall have a white background with one and one-half inch (11/2") high black letters, except that the words "Public Notice" shall be in three inch (3") high, red capital letters.
(C) The sign shall be removed by the applicant no later than seven (7) days after the completion of the public hearing. Should the applicant fail to comply with this regulation, the village may remove the sign and charge the applicant for such removal or deduct the cost of the removal from the applicant's escrow account.
(D) Upon submission of an application, the village manager shall designate the place or places on the land where said sign(s) is required to be erected, taking into consideration the location of land, the location of public streets, roads, rights of way and other means of access to the land, the placement of nearby buildings, and the topography of the land.
b. Village:
(1) The village shall publish the notice, at least once, in one or more newspapers published within the village, or if no newspaper is published in the village, then in one or more newspapers with a general circulation within the village which is published in DuPage County.
(2) Other supplemental or additional notices may be distributed, published or posted as required by the village board.
c. Content Of Public Hearing Notice: The notice of a public hearing shall, at a minimum, include the following:
(1) The time, place and purpose of the public hearing.
(2) A legal description of the subject property, if applicable.
(3) The address or common name of the subject property.
(4) The name of the petitioner(s).
(5) A description of the petitioner's request including, but not limited to, the requested amendment, variance or special use permit.
(6) For planned developments, a description of the development, including, but not limited to, the acreage of the property, the proposed mix of uses, and the number and types of dwelling units, if any, and the types and square footage of nonresidential uses, if any.
(7) For planned developments, identification of requested exceptions from all applicable village ordinance standards.
d. Conduct Of The Public Hearing:
(1) The petitioner shall enter all plans, drawings and other support documentation into the record as official exhibits, and shall demonstrate compliance with the notice of public hearing, notice of surrounding property owners and posting of the subject property.
(2) The hearing may be continued by the plan and zoning commission or village board from time to time, during which time drawings and support documentation may be revised and resubmitted at the request of either the reviewing body or the petitioner.
(3) The plan and zoning commission and village board shall, to the best extent possible, adhere to the following procedures for zoning ordinance and map amendments, plan reviews, zoning variances and other zoning matters requiring appearance before a village elected or appointed body:
(A) Applicant/petitioner presentation of proposal;
(B) Reports and/or comments by village staff;
(C) Citizen (public) comments;
(D) Elected or appointed village body questions and discussion; and
(E) Elected or appointed village body vote or other action.
These procedures are considered advisory only and may be varied by the plan and zoning commission Chair at any time.
(4) Applicant/petitioner and citizen (public) questions and comments shall be directed solely to the Plan and Zoning Commission Chair, unless otherwise directed by said Chair, so that the Plan and Zoning Commission Chair may moderate the discussion to ensure, to the best extent possible, an orderly and fair hearing or meeting.
(5) To assist the applicable Village elected or appointed body in making an informed recommendation, decision and/or vote, Village staff shall provide additional comments and presentation to assist those applicants or citizens (public) who have difficulty in adequately conveying all relevant facts related to the petition.
D. Findings Of Fact And Recommendation: For all matters requiring a recommendation from the Plan and Zoning Commission, the Chair shall prepare written findings of fact and recommendations for submission to the Village Board within forty five (45) days following the date of the public hearing on each application, unless said application is withdrawn or tabled by the petitioner. (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2019-06-11, 6-20-2019)