Any person, corporation, firm, or agent thereof,
or public official of the Village of Harristown wishing to petition
for a change in this Code, a rezoning in land use classification as
established by this Code, or seeking relief from the provisions of
this Code, or in any other way seeking modification of the zoning
regulations shall be required to follow the steps and procedures as
contained within this article.
(A) The preapplication conference and investigations.
This Code requires that before the Board may accept for public hearing
or recommendation any zoning petition, the petitioner or his agents
shall first meet with the Village Zoning Officer to discuss the appropriate
procedures. The Zoning Officer may at his discretion request the petitioner
to meet with the planning staff. In a case of a rezoning involving
a planned development, commercial or industrial request, or involving
a tract of land more than five acres in size, the petitioner may also
be required to have a preapplication meeting with the Commission.
(1)
The purposes of the preapplication meeting are
as follows:
(a)
To explain to the petitioner the provisions
of this Code and other applicable Village codes and ordinances.
(b)
To determine whether or not any other Village
actions such as subdivision, vacation, or annexation are necessary
for the development of the land.
(c)
To determine exactly what the zoning petition
should contain and what procedure should be followed prior to the
setting of the public hearing.
(d)
To discuss the compatibility of a petition with
the Village's officially adopted Comprehensive Plan and official maps.
(e)
To determine if the petitioner has made necessary
investigations to ensure that his property can be developed properly
upon obtaining the classification he seeks.
(f)
To acquaint the developer with the technical
planning assistance available through the planning staff.
(2)
Information needed for preapplication conference.
The petitioner should have a legal description and map of his property
showing surrounding land uses at the time of this meeting with the
Village Zoning Officer, Commission, or planning staff. Other information,
such as soil types, topographical maps, and other data related to
the site's suitability for its development, would be helpful.
Upon satisfying the preapplication requirements,
the petitioner may then proceed to file a zoning petition with the
Village. This petition must include the following to be entitled to
Village consideration.
A petition, properly filled out on the Village
form including the following information:
(A) Name and address(es) of petitioner(s).
(B) Name and address(es) of owner(s).
(C) Name and address(es) of any agent(s) representing
the petitioner(s).
(D) A legal description of the property which allows the
property to be located on any map without having to check the Recorder
of Deeds office.
(E) A common description of the property.
(F) Existing zoning classification of property.
(G) Zoning classification being sought.
(H) The names and addresses of all abutting landowners.
(I) A statement concerning the proposed use of the property.
(J) In cases of variances, the special hardships that
exist which would qualify the petitioner(s) for a variance.
(K) In cases of special uses or planned unit developments,
a detailed statement as to the proposed use of the property.
A scaled map showing the dimensions of the property
and the zoning of the surrounding properties.
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Appropriate fees as required by the schedule in Section 40-2-18 of this article.
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Upon submission of the above, the Officer shall
take one copy of the petition, sign such petition, and place the fee
amount on the petition. The petitioner shall then take the petition
and map to the Village Clerk, who shall formally accept the petition
for filing and collect the fees as required by the Zoning Officer.
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Upon receiving any petition, the Village Clerk
shall notify the Chairman of the Commission of the petition. The Chairman
shall then set a date for action on the petition. Notice shall be
given of the time and place of the hearing, not more than 30 nor less
than 15 days before the hearing, by publishing a notice thereof at
least once in one or more newspapers published in the municipality,
or, if no newspaper is published therein, then in one or more newspapers
with a general circulation within the municipality.
At the date of the public hearing the petitioner
or his representative shall be prepared to submit his case to the
Commission. The Commission shall then take a vote of its membership
and shall report the findings to the Board by a written notice.
On all matters which require action of the Board,
the Board shall, within 30 days after receiving the recommendation
of the Commission concerning a zoning petition, take whatever action
they deem appropriate, except that no petition may be tabled for more
than 90 days. Any petition, tabled for more than 90 days shall be
considered to have been denied.
Appeals to the Commission may be taken by any
person aggrieved or by any officer or department of the governing
body of the Village affected by any decision of the Administrative
Officer in person or by agent or attorney.
(A) Filing of appeals. An appeal must be made within 30
days of the action of the administrative official appealed from. The
applicant must file a notice of appeal with the administrative official
from who the appeal is being taken and with the Commission. Such notice
shall be made on the form provided for that purpose. The administrative
official from whom the appeal is taken shall be responsible, at the
direction of the Commission, for providing any applicant with the
proper forms, and for instructing the parties concerned on the proper
manner for completing and filing said forms. All information required
thereon shall be completed before an appeal is considered filed. Six
copies of the proper appeal form shall be filed with the Commission.
(B) Fees. A fee as specified in Section
40-2-18 shall be deposited with the secretary for each petition filed.
(C) Amendments to appeals. Appeals may be amended 15 days
prior to the public hearing thereon.
(D) Notice to applicant. The applicant shall be notified
by letter within five days of the hearing on his application or his
failure to complete his application properly.
(E) Hearing. The Commission shall fix a reasonable time
for the hearing of appeal, giving public notice thereof as well as
notice due to the parties in interest, and decide the same within
a reasonable time.
(F) Stays. An appeal stays all proceeding in furtherance
of the action appealed from, unless the administrative official from
whom the appeal is taken certifies to the Commission after the notice
is filed with him that by reason of facts stated in the certificate,
a stay would, in his opinion, cause eminent peril of life and property.
In such case proceedings shall not be stayed other than by a restraining
order which may be granted by the Board or a Court of Record on application,
on notice to the administrative official from whom the appeal is taken
and on due cause shown.
(G) Judicial review. All final administrative decisions
of the Commission hereunder shall be subject to judicial review pursuant
to the provisions of the Administrative Review Act and all amendments
and modifications thereof.
On all matters receiving final action by the
Commission or the Board, there shall be a letter sent to the petitioner,
informing him of the action. One copy of this letter shall be placed
in the permanent zoning files of the Village. The Village Clerk shall
also, periodically, update the official Village Zoning Maps. Variances,
nonconforming uses, and special use permits shall not be shown on
the maps, but adequate records shall be kept on these.