A. Official comprehensive plan and other special area or subject plans.
1. Authority. The Plan Commission has authority to prepare and recommend to the Village Board a comprehensive plan including the village and unincorporated areas surrounding the village and from time to time to prepare and recommend other special area or subject plans and amendments thereto, any or all of which the Village Board may adopt as the "The Village of Woodridge Comprehensive Land Use Plan," all in accordance with the procedures set out in this section.
2. Purpose. The comprehensive plan will be considered an official statement of the policy of the village with respect to the existing and developing character of the various areas of the village and its vicinity; the proper objectives, standards and direction for future maintenance, growth, development and redevelopment of the village; the means to be employed to protect existing character or development and to encourage future development that will be in the best interests of the village; and the actions and programs to be undertaken by the village with respect to its future maintenance and development.
3. Effect. After the adoption of the comprehensive plan, or a part thereof, no ordinance, regulation or official map relating to the physical maintenance, development or redevelopment of the village or any land within it will be enacted, established, amended or varied and no right-of-way, street, utility or public structure or land will be authorized, established, developed, redeveloped or modified in location or extent except in accordance with the policies, goals, objectives, principles and standards of the comprehensive plan or relevant part thereof unless the Village Board will first make a specific finding that the facts and circumstances affecting the particular matter justify a departure from the plan.
4. Procedures.
a. Plan development.
(1) The Plan Commission, with the assistance of the Zoning Officer, will exercise the powers and duties delegated to it by this code in the continuing development and revision of the comprehensive plan. The process of plan development is necessarily an informal one and not readily adaptable to rigid procedures, but the Plan Commission and the Zoning Officer, in developing a plan, will make all reasonable efforts to obtain the views, comments, and criticisms of interested persons. In addition, the Plan Commission, prior to making any recommendation for the adoption or amendment of a plan or part thereof to the Village Board, will set, notice and conduct a public hearing thereon in accordance with the provisions of subsection 9-6-2
E. of this chapter.
(2) The Village Board may, at any time, refer a plan to the Plan Commission for consideration and recommendation. In the case of such referral, the Plan Commission will return its recommendation to the Village Board not later than ninety (90) days following the receipt of the referral. In the event such recommendation is not so delivered, the Village Board may proceed to consider the amendment without such recommendation.
(3) When satisfied that a plan, or a part thereof, is adequate for adoption as the comprehensive plan, or a part thereof or an amendment thereto, the Plan Commission will transmit the plan or part thereof to the Village Board together with its recommendations for adoption of such plan as well as any reports or statements deemed necessary to a full consideration of such plan or part thereof. Such reports or statements may include majority and minority positions. Such transmission will be made not later than fifteen (15) days following the close of the public hearing concerning such plan.
b. Plan adoption. Upon receiving any recommendation of the Plan Commission with respect to adoption or amendment of any plan, or a part thereof, the Village Board may, by ordinance duly enacted, adopt such plan in whole or in part, with or without amendments; or may refer such plan or any part thereof back to the Plan Commission for further consideration; or may reject such plan. The Board will take such action no later than ninety (90) days following the close of the Plan Commission public hearing on such plan. The failure of the Board to act within such period will be deemed to be a rejection of the plan. Upon the adoption of any such plan or part thereof, it will be designated as the "The Village of Woodridge Comprehensive Land Use Plan, [year adopted]," and if less than a total comprehensive plan, will carry a subheading designating its specific contents.
c. Plan amendment. The comprehensive plan, or any part thereof, may be amended at any time in accordance with the provisions of this subsection 9-6-2
A.4.c. Such an amendment may be initiated by the Village Board, the Plan Commission, the Zoning Officer, or by any owner of property affected by the provisions of such plan sought to be amended.
(1) Amendments initiated by the Village Board, the Plan Commission, or the Zoning Officer will require no formal application and will be processed as provided in this subsection, except that the time limits specified in subsection 9-6-2
A.4. above will not apply.
(2) Amendments initiated by the owner of affected property will be initiated by an application filed pursuant to this subsection 9-6-2
A.4.c. and the specified time limits therein will apply.
d. Plan filing and notice of adoption. The ordinance adopting the comprehensive plan, or any part thereof, will provide that the Zoning Officer will cause a certified copy thereof to be placed on file in the office of the village clerk, and will cause a notice evidencing the adoption of such plan, or part thereof, to be filed with the recorder of deeds of each county with property affected by the plan.
B. Maps.
1. Official Map.
a. Authority. The Plan Commission will have authority to prepare and to recommend to the Village Board an official map of the village and the unincorporated areas surrounding the village and from time to time to prepare and recommend amendments thereto, all of which the Village Board may adopt as the “Official Map of the Village of Woodridge.”
b. Purpose. The official map is adopted to implement the comprehensive plan, to assure the adequacy of the public facilities to which it relates and to secure for the village the authority and benefits provided by state law in connection with such an official map.
c. Procedures. The procedures for the development, adoption, amendment and filing of the official map will be the same as those provided in subsection 9-6-2
A.4. of this chapter with respect to the comprehensive plan.
2. Zoning Map. The location and boundaries of the districts established by this title are indicated upon the map entitled, “official zoning map, Village of Woodridge, Illinois”, as amended from time to time, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this title. The official zoning map shall be on file in the Office of the Village Clerk and shall be the final authority as to the current zoning status of land and buildings, subject to such authorized amendments, which may be in effect.
C. Applications.
1. Place of filing. Unless otherwise provided by this title, applications for certificates of zoning compliance, certificates of occupancy, code interpretations, site plan approvals, appeals, variations, amendments, special use approvals, and planned unit developments will be filed with the Zoning Officer.
2. Forms, Number, Scale. All applications filed pursuant to this title will be on forms supplied by the Zoning Officer and will be filed in a number of duplicate paper and electronic copies as the Zoning Officer may designate. All plans filed as part of any application will be at a scale sufficient to permit a clear and precise understanding of the contents of said plan and the proposal being made and, if not electronic, will be folded to a convenient size for handling and filing in standard, legal size legal drawers.
3. Filing Deadlines.
a. Applications Requiring Hearings. Applications requiring a public hearing will not be scheduled for such hearing unless and until such applications are filed in a complete and proper form and number and containing all required information.
b. Applications Not Requiring Hearing. Applications that do not require a public hearing will be filed, in a complete and proper form and number and containing all required information, at least thirty-five (35) days prior to the time when action on the application is requested. Applications will be processed on a first-filed, first-processed basis.
c. Supplemental Data. Whenever supplemental data in connection with a previously filed application is required by the Village or offered by the applicant, it will be submitted at least seven (7) days prior to the date on which it is to be considered at a hearing or a meeting or acted upon in connection with such application. The filing of this data will, in the discretion of the Zoning Officer and of the body hearing the application, because to delay a requested or scheduled hearing date.
4. Fee Established; Lien.
a. Every application filed pursuant to this title will be subject to a non-refundable application and filing fee in the amount established by the Village Board in the fee schedule set forth in subsection 3-1A-3
of the village code.
b. The owner of the property which is the subject of the application and, if different, the applicant, will be jointly and severally liable for the payment of the application fee, as well as the actual village application processing costs. By submitting the application, owner is deemed to have agreed to pay any fees and processing costs, to consent to the filing, and foreclosure of a lien on the property to ensure collection of any fee and processing costs, plus the costs of collection, which has not been paid within thirty (30) days following the mailing of a written demand for payment to the owner at the address shown on the application. Any lien filed pursuant to this subsection may be foreclosed in the manner provided by statute for mortgages or mechanics liens.
5. Condition of All Applications, Approvals and Permits; Time Periods.
a. No application filed pursuant to this title will be considered complete unless and until all fees and deposits due have been paid. Every approval granted and every permit issued pursuant to this title will, whether or not expressly so conditioned, be deemed to be conditioned upon payment of fees as required by subsection 3-1A-3
of the village code and subsection 9-6-2
C.4. of this chapter.
b. Any period of non-payment by the applicant will toll any time period where this title provides that the passage of time without decision or action will be deemed an approval or a recommendation for approval by the village. Time periods will otherwise continue to run during any period of non-payment.
c. The failure to fully pay any such fee or deposit, when due, will be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or deposit relates.
6. Minimum Application Data Requirements.
a. All Applications. Every application submitted pursuant to this title will contain at least the following information:
(1) The owner’s name, email, telephone number and address and the owner’s signed consent to the filing of the application.
(2) The applicant’s name, email, telephone number and address, if different than the owner, and their interest in the subject property.
(3) The names, addresses, emails and telephone numbers of all professional consultants, if any, advising the applicant with respect to the application.
(4) The name and address and the nature and extent of the financial interest of any village officer or employee in the owner, the applicant, or the subject property.
(5) The address and legal description of the property.
(6) A description or graphic representation of the proposal for which approval is being sought and of the existing zoning classification, use and development of the property. The scope and detail of the description will be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application.
(7) In the case of any application being filed less than two (2) years after the denial of an application seeking essentially the same relief, the statement required by subsection 9-6-2
D.
(8) Proof of control or ownership, in the case of site-specific applications.
(1) A description or graphic representation of any development or construction that will occur or any use that will be established or maintained if the requested relief is granted.
(2) A table showing the following, if applicable:
(a) The total lot area of the subject property, in acres and in square feet;
(b) The total existing and proposed lot area, expressed in acres, in square feet and as a percent of the total development area, devoted to residential uses, by type of structure, commercial uses, office uses, industrial uses and institutional uses, open space, rights-of-way, streets, and off-street parking and loading areas; and
(3) The existing and proposed:
(a) Number of dwelling units, by number of bedrooms and dwelling unit gross floor area; and
(b) Gross and net floor area devoted to residential uses, commercial uses, office uses, industrial uses, institutional uses and recreational uses.
(4) A table listing all bulk, space and yard requirements, all parking requirements, and all loading requirements applicable to any proposed development or construction and showing the compliance of such proposed development or construction with each such requirement. Where any lack of compliance is shown, the reason therefore must be stated and an explanation of the village’s authority, if any, to approve the application despite such lack of compliance must be set forth.
(5) The certificate of a registered architect or civil engineer licensed by the State of Illinois, or of an owner-designer, that any proposed use, construction or development complies with all the provisions of this title and other village ordinances or complies with such provisions except in the manner and to the extent specifically set forth in said certificate.
(1) The specific provision or provisions of this title for which an interpretation is sought.
(2) The facts of the specific situation giving rise to the request for an interpretation.
(3) The precise interpretation claimed by the applicant to be correct.
(4) Where a use interpretation is sought, the use permitted pursuant to the present zoning classification of the subject property that is claimed by the applicant to include, or to be most similar to, the proposed use.
(5) Where a use interpretation is sought, documents, statements and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.
(1) The specific order, decision or determination of failure to act from which an appeal is sought.
(2) The facts of the specific situation giving rise to the original order, decision, determination or failure to act and to the appeal therefrom.
(3) The precise relief sought.
(4) A statement of the applicant’s position as to alleged errors in the order, decision, determination or failure to act being appealed and as to why the relief sought is justified and proper.
(1) The specific feature or features of the proposed use, construction or development that require a variation.
(2) The specific provision of this title from which a variation is sought and the precise variation therefrom being sought.
(3) A statement of the characteristics of the subject property that prevent compliance with the said provisions of this title.
(4) A statement of the minimum variation of the provisions of this title that would be necessary to permit the proposed use, construction or development.
(5) A statement of how the variation sought would satisfy the standards set forth in subsection 9-6-4
C.6. of this chapter.
(6) An accurate, to scale and full-size survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
(7) A statement concerning the conformity or lack of conformity of the approval being requested to the comprehensive plan or the official map. Where the approval being requested does not conform to the comprehensive plan or official map, reasons justifying the approval despite such lack of conformity must be stated.
f. Applications for Administrative Variations. Every application for an administrative variation filed pursuant to subsection 9-6-4
D of this title requesting an administrative variation will, in addition to the data and information required pursuant to subsection 9-6-2
C.6.a. provide the following information:
(1) Plat of survey with legal description.
(2) Site plan and architectural renderings, as appropriate.
(3) A statement of the characteristics of the subject property that prevent compliance with the said provisions of this title.
(4) A statement of the minimum variation of the provisions of this title that would be necessary to permit the proposed use, construction or development.
(a) A statement of how the variation sought would satisfy the standards set forth in subsection 9-6-4
D.5. of this chapter.
(b) A statement concerning the conformity or lack of conformity of the approval being requested to the comprehensive plan or the official map. Where the approval being requested does not conform to the comprehensive plan or official map, reasons justifying the approval despite such lack of conformity must be stated.
(c) Notarized letters or petition from all adjoining property owners stating the following:
i. Name of the applicant seeking the variation.
ii. Legal description and address of the subject property.
iii. Name and address of adjoining property owners.
iv. Statement of variation request.
v. Statement that the adjoining property owner does understand the request and does not object to the variation request.
g. Applications for Comprehensive Plan or Zoning Text Amendments. Every application for comprehensive plan amendment filed pursuant to subsection 9-6-2
A.4.c or zoning text amendment application filed pursuant to subsection 9-6-5
A. of this chapter will, in addition to the data and information required pursuant to subsection 9-6-2
C.6.a. provide the following information:
(1) The exact wording of the proposed text amendment.
(2) A statement of the need and justification for the proposed text amendment.
(3) If applicable, a survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
(4) A statement concerning the conformity or lack of conformity of the approval being requested to the comprehensive plan and official map.
Where the approval being requested does not conform to the comprehensive plan or official map, reasons justifying the approval despite such lack of conformity will be stated.
(1) A written statement of the need for the special use permit.
(2) An accurate, to scale and full-size survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
(3) A statement concerning the conformity or lack of conformity of the approval being requested to the comprehensive plan and official map. Where the approval being requested does not conform to the comprehensive plan or the official map, reasons justifying the approval despite such lack of conformity will be stated.
i. Applications for Official Map or Zoning Map Amendments. Every application for official map amendment filed pursuant to subsection 9-6-2
A.4. and for zoning map amendment filed pursuant to subsection 9-6-5
A. will, in addition to the data and information required pursuant to subsection 9-6-2
C.6.a., provide a statement of the need and justification for the proposed official map or zoning map amendment. The statement will address at least the following factors:
(1) The existing uses and zoning classifications of properties in the vicinity of the subject property.
(2) The trend of development in the vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its present plan designation or zoning classification.
(3) The extent to which the value of the subject property is diminished by the existing plan designation or zoning classification applicable to it.
(4) The extent to which such diminution in value is offset by an increase in the public health, safety and welfare.
(5) The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.
(6) The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment.
(7) The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment.
(8) The suitability of the subject property for uses permitted or permissible under its present plan designation and zoning classification.
(9) The availability of adequate ingress to and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment.
(10) The availability of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present plan designation and zoning classification.
(11) The length of time, if any, that the subject property has been vacant, considered in the context of the pace of development in the vicinity of the subject property.
(12) The community need for the proposed map amendment and for the uses and development it would allow.
(13) A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
j. Applications for Planned Unit Development Preliminary Plan Approval. Every application for planned unit development preliminary plan approval filed pursuant to subsection 9-6-5
C. of this chapter will, in addition to the data and information required pursuant to subsection 9-6-2
C.6.a, provide the following information:
(1) A development name unique to the area for identification purposes.
(2) Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned unit development, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property, and a recent commitment for title insurance or ownership search certificate.
(3) A map depicting municipal and special district boundaries where adjacent to or within the subject property.
(4) A written statement addressing the following matters:
(a) A general description of the proposed planned unit development, the planning objectives to be achieved by it, including the rationales and assumptions of the applicant supporting the proposed planned unit development, and the market it is intended to serve.
(b) How the proposed planned unit development is to be designed, arranged and operated so as not to adversely affect the development and use of neighboring property in accordance with applicable regulations of this title.
(5) Schematic, soft-line drawings of the proposed planned unit development preliminary plans, including public or private rights-of-way on or adjacent to the subject property, the proposed dimensions and locations of vehicular and pedestrian circulation and parking elements, public and private open space, and residential, commercial, office, industrial and other land uses, and the general locations of and purpose of all easements.
(6) A Tax Impact Study indicating the possible tax consequences the proposed planned unit development will have upon the village and other affected taxing bodies.
(7) A Traffic and Transit Impact Study including a list of new street construction, traffic impacts, and traffic control improvements necessary to accommodate the estimated increase in traffic and traffic related changes occasioned by the proposed development and a statement of the applicant’s proposals for providing those needed improvements. If the traffic related changes are on County or State routes, the Zoning Officer may require the applicant to request relevant information from those respective agencies.
(8) A preliminary engineering study showing the location and adequacy of existing and proposed sanitary sewer, storm sewer and water distribution systems.
(9) A written statement identifying existing natural and environmental resources and features on the subject property, including its topography, vegetation, wetlands and other special management areas, soils, geology, and scenic view, and the impact of the proposed planned unit development on such resources and features, including proposals to preserve or protect such resources and features.
(10) Schematic, soft-line architectural elevations indicating the general style of architecture and typical building materials.
(11) A statement of the applicant’s intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed planned unit development.
(12) A development schedule for each and every stage of construction stating the approximate beginning and completion date, proportion of total public or common open space to be provided for each use and with each development stage.
(13) A detailed description of the financial assurances to be presented to guarantee completion of all public improvements and private open space to be provided in connection with the proposed planned unit development.
(14) Evidence of the financing plan the applicant proposes to use to complete the proposed planned unit development. The applicant’s prior success in completing projects of similar scope may be offered in support of this requirement.
(15) A preliminary plat of subdivision if required pursuant to the subdivision ordinance.
k. Application for Planned Unit Development Final Plan Approval. Every application for final planned unit development approval filed pursuant to subsection 9-6-5
C. of this chapter will, in addition to the data and information required pursuant to subsection 9-6-2
C.6.a., provide the following information:
(1) The date on which Development Preliminary Plan approvals were granted.
(2) A statement and plan of the proposed treatment of the perimeter of the proposed planned unit development, including materials and techniques to be used.
(3) When the proposed planned unit development, or stage thereof, includes provision for public or common open space, a statement describing the provision made for the dedication or care and maintenance of such open space. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity will be submitted. When the property is to be dedicated, a draft of the instrument of dedication will be submitted.
(4) Copies of any restrictive covenants to be recorded with respect to property included in the Final Plan.
(5) A statement summarizing all changes that have been made, or have occurred, in any document, plan, data or information previously submitted, together with a revised copy of any such documents, plan or data.
(6) A final plat of subdivision if required pursuant to the subdivision ordinance.
(7) All engineering data and drawings required in connection with an application forfinal subdivision approval under the subdivision ordinance.
(8) All certificates, seals and signatures required for the dedication of land and recordation of documents.
(9) Hard line elevations and scaled floor plans.
(10) Proof from appropriate governmental agencies that all taxes on the subject property have been paid and that all special assessments, taxes, and other levies against the subject property or any part thereof have been paid in full.
l. Applications for Site Plan Approval. Whenever an application filed pursuant to any provision of this chapter involves any use, construction or development requiring the submission of a site plan pursuant to 9-6-6
of this chapter, a site plan illustrating the proposed use, construction or development and providing at least the following data and information, on one or more sheets, will be submitted as part of the application:
(1) A graphic rendering of the existing conditions, which depicts:
(a) All significant natural, topographical and physical features of the subject property including topographical contours at one-foot (1') intervals;
(b) The location and extent of tree cover, including all qualifying trees as defined by this title;
(c) The location and extent of water bodies and courses, wetlands, marshes and special flood hazard areas, floodplains, and floodways on or within one hundred feet (100') of the subject property;
(d) The location and extent of any buffer areas for wetlands required by county ordinances on or within one hundred feet (100') of the subject property;
(e) Existing drainage structures and patterns; and
(f) Soil conditions as they affect development.
(2) The location, use, size and height in stories and feet of structures and other land uses on properties within two hundred and fifty feet (250') of the subject property.
(3) For areas within any required yard or setback, any proposed regarding of the subject property.
(4) Data concerning proposed structures and existing structures that will remain, including:
(a) Location, size, use and arrangement, including height in stories and feet;
(b) Where relevant, floor area ratio, gross floor area and net floor area;
(c) Where relevant, number and size of dwelling units, by dwelling unit type and number of bedrooms;
(d) Building coverage and lot coverage; and
(e) Description of the calculation method utilized in computing all required statistics shown.
(5) Minimum yard and setback dimensions and, where relevant, relation of yard and setback dimensions to the height, width and depth of any structure.
(6) A vehicular and pedestrian circulation plan showing the location, dimensions, gradient and number of all vehicular and pedestrian circulation elements including rights-of-way and streets; driveway entrances, curbs and curb cuts; parking spaces, loading spaces and circulation aisles; sidewalks, walkways and pathways; and total lot coverage of all circulation elements divided as between vehicular and pedestrian ways.
(7) All existing and proposed surface and sub-surface drainage and retention and detention facilities and existing and proposed water, sewer, gas, electric, telephone and cable communications lines and easements and all other utility facilities.
(8) Location, size and arrangements of all outdoor signs and lighting.
(9) Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening.
(10) Location, designation and total area of all usable open space.
(11) A detailed landscaping plan, showing location, size and species of all trees, shrubs and other plant material.
(12) A traffic study, if the Zoning Officer finds the development may exceed the capacity or design of surrounding streets.
(13) An erosion control plan for the period during which construction will be taking place, if required by the Zoning Officer finds the expected earth disturbance cannot be maintained on site.
(14) Hard line elevations and floor plans.
7. Special Data Requests. In addition to the data and information required pursuant to subsection 9-6-2
C.6., every applicant will submit any other and additional data, information or documentation as the
Zoning Officer or the Plan Commission may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
8. Concurrent Applications. Where a proposed use or development requires more than one approval pursuant to this title, applications for all approvals may be filed concurrently notwithstanding the fact that approval of one application may be a precondition to approval of other applications. Such applications may, in the discretion of the official, officials, body, or bodies charged with review of such applications be processed together; provided, however, that no application will be approved unless all applications that are a precondition to its approval have first been approved.
9. Withdrawal of Application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto; provided that the applicant will have paid all applicable fees and costs due the village pursuant to subsection 9-6-2
C.4. and made the request to withdraw in writing. A withdrawal will be without prejudice to the applicant’s right to refile such application, but any refiling will be treated as an entirely new filing and will be subject to the procedures and fees of this chapter in the same manner as any other new application.
10. Administrative Discretion. Notwithstanding anything to the contrary in this chapter, the Zoning Officer or the Plan Commission may waive any application requirements otherwise set forth in this subsection 9-6-2
C.6. where the applicant demonstrates to the satisfaction of the Zoning Officer or Plan Commission before which its application is pending that the information required is not relevant to or necessary for the determination of the application submitted.
D. Successive Applications.
1. Second Applications Without New Grounds Barred. Whenever any application filed pursuant to this chapter has been finally denied on its merits and all appeals with the village have been exhausted, a second application, seeking essentially the same relief, whether or not in the same form or on the same theory, will not be brought within two (2) years after the date upon the last village action on the application, unless, in the opinion of the Zoning Officer or the Plan Commission substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.
2. New Grounds to be Stated. Any second application will include a detailed statement of the grounds justifying consideration of the application.
3. Exception. Whether or not new grounds are stated, any second application filed more than two (2) years after the final denial of a prior application will be heard on the merits as though no prior application had been filed. The applicant will, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. In the absence of such evidence it will be presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the first application.
E. Public Hearings and Meetings.
1. Setting Hearing or Meeting; Time Limitation. When the provisions of this chapter require a public hearing or meeting in connection with any application filed pursuant to this chapter, the Plan Commission will, upon receipt of a properly completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting will be commenced no later than sixty (60) days, and will be concluded no later than one hundred and twenty (120) days, following the receipt of the subject application unless the applicant agrees to an extension or unless the hearing or meeting agenda of the body is completely committed during that time.
2. Notice.
a. Notice to be Given. Notice of public hearings and meetings set pursuant to this subsection 9-6-2
E.2. will be given by the Zoning Officer or the applicant, as the case may be, in the form and manner and to the persons herein specified.
b. Content of Notice. All notices will include the date, time and place of such hearing or meeting, a description of the matter to be heard or considered, and the common street address and property index number(s) (“PIN”). The notice may also include a description of the particular location of the subject property.
c. Notice Procedures for all Hearings and Meetings. Notice of every hearing or meeting set pursuant to subsection 9-6-2
E.1. will be given by the Zoning Officer:
(1) By first class mail or personal delivery to the applicant or, with the applicant’s consent, by email to the applicant; and, if a specific parcel is the subject of the application, to the owner of the subject property.
(2) By first class mail to any newspaper or person that will have filed a written request, accompanied by an annual fee as established from time to time by the Zoning Officer to cover postage and handling, for notice of all hearings or meetings held pursuant to this title. Such written request will automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date.
(3) By first class mail, personal delivery, email, or interdepartmental delivery to the affected Village Board, commissions, departments, or officials.
d. Hearings on Amendments, Special Use Permits and Variations. In addition to notice as required by subsection 9-6-2
E.2.c., the following notice will be given for every hearing set for a text amendment to this title, amendment to the zoning map, a special use permit, special use permit renewal, special use permit amendment, planned unit development, or variance:
(1) Content of Notice. The notice required pursuant to this subsection will contain, at a minimum, the following information:
(a) The street address, property index number(s), and street intersection location description (if applicable) of the property that is the subject of the application;
(b) A brief statement of the nature of the relief being requested;
(c) The name and address of the applicant;
(d) The name and address of the legal and beneficial owner of the property, if any, that is the subject of the application.
(2) Notice by Newspaper Publication. The Zoning Officer will cause a notice to be published in a newspaper published in, or of general circulation within, the village at least once no less than fifteen (15) days, nor more than thirty (30) days, in advance of the hearing date.
(3) Notice by Sign. If a specific property is the subject of the application, the Zoning Officer or applicant will post the subject property with a ground sign of approximately six square feet of gross surface area containing the legibly written notice. The sign will be located on the subject property so as to be visible from at least one (1) right-of-way abutting the subject property. The Zoning Officer or applicant will remove the sign within three (3) days after the hearing is closed.
(4) Notice by Mail. The Zoning Officer shall cause to be sent, where applicable, notice mailed via first class mail to all the property owners within five hundred feet (500'), exclusive of any right-of-way, of the specific property. Any irregularity or mistake concerning mailed notice shall not otherwise affect the validity of any legislative action.
(5) Report to Hearing Body. At the hearing, the Zoning Officer or applicant will present to the Plan Commission an affidavit, certification or other evidence satisfactory to the Plan Commission, demonstrating, to the satisfaction of the Plan Commission, that the applicable notice requirements of this subsection have been satisfied.
e. Hearing on Comprehensive Plan Amendment. In addition to notice as required by subsection 9-6-2
E.2.c. above, notice of every hearing set pursuant to subsection 9-6-2
A.4.c. hereof in connection with the amendment of the comprehensive plan will be given by publication in a newspaper of general circulation in the affected counties at least fifteen (15) days before such hearing.
3. Referral to Plan Commission and Departments for Hearings and Meetings
Regarding Appeals, Variations, Amendments, Special Use Permits, and Planned Unit Developments.
a. Zoning Officer to Refer Applications. The Zoning Officer will, not later than the time set pursuant to subsection 9-6-2
E.2. for giving public notice, refer every application for an appeal pursuant to subsection 9-6-4
B. of this chapter, for a variation pursuant to subsection 9-6-4
C. of this chapter, for an amendment pursuant to subsection 9-6-5
A. of this chapter, for a special use permit pursuant to subsection 9-6-5
B. of this chapter, and for a planned unit development pursuant to subsection 9-6-5
C. of this chapter to all relevant village departments with review authority over any application. The Zoning Officer may also refer any application to any affected fire district or other state, county, or local government for comment.
b. Review and Comments. Each department to which an application is referred pursuant to this subsection 9-6-2 E.3.a. will review the application and submit its comments to the Zoning Officer. The comments will, whenever possible, be submitted at least two (2) business days prior to the date set for the hearing and will be made available to any person on request prior to the hearing.
4. Conduct of Hearings. The Plan Commission, in accordance with the authority set forth in Section 11-13-22 of the Illinois Municipal Code, 65 ILCS 5/11-13-22, may adopt such rules of procedure as necessary and appropriate to govern any public hearing required under this chapter. (Ord. 2024-6, 3-7-2024)