[Amended 1-24-2005 by Ord. No. 05-02]
Except as otherwise provided herein, the requirements of this
article shall apply to all applications submitted under the provisions
of this chapter except appeals, including applications for:
C. Planned unit development preliminary plans;
D. Planned unit development final plans;
H. Approval of RB Residential-Business design plans.
Except in the case of a zoning action proposed by the Village
Board or a board or commission of the Village, any party requesting
any Village action to which this article applies shall file an application
on a form provided therefor by the Village Clerk. Every such application
shall include as a minimum the applicable items provided in Table
1.
[Amended 1-24-2005 by Ord. No. 05-02]
A. Generally. The approval process herein shall apply to all applications
except:
(4) Approval of RB Residential-Business design plans.
B. Process for excepted applications. The approval process for the excepted
applications shall be as provided in the applicable sections of this
chapter.
C. Optional pre-filing conference (planned unit development only). Prior to filing for approval of a planned unit development preliminary plan, an applicant may request a pre-filing conference with the Zoning Board. An application for the conference, together with the filing fee, as set forth in §
10-99F of the Village Code, as the same shall be amended from time to time by the corporate authorities of the Village, shall be submitted to the Village Clerk. At the conference, the applicant may outline his or her proposal and submit preliminary information such as a concept plan. Cost recovery fees as stated in §
157-1 may also be required.
[Amended 7-27-2016 by Ord. No. 16-16]
D. Staff review. The Zoning Administrator may, together with other departments,
consultants, and officials of the Village, prepare a written review
of the application. Such review shall be forwarded to the Zoning Board
no later than seven days before the scheduled public hearing date.
The staff may advise and assist the applicant in meeting chapter requirements
but shall have no power to approve or disapprove any filing or in
any way restrict the applicant's right to seek formal approval thereof.
E. Public hearing process (filings requiring hearings only).
(1) Generally. For any action that requires a public hearing, there shall
be compliance with the following provisions. Applications that require
a public hearing are:
[Amended 7-27-2016 by Ord. No. 16-16]
(c)
Conditional uses, including planned unit development preliminary
plans but not planned unit development final plans.
(2) Public notice. The applicant shall comply with the requirements for
public notice herein for any zoning action that requires a public
hearing.
(3) Notification to petitioner by objectors. Any attorney employed by
any objector to any petition requiring a public hearing shall notify
the petitioner that he or she has been so retained and will file an
objection at the hearing. Such notice shall be delivered no later
than four days before the scheduled date of the hearing. If such notice
has not been given, and the petitioner so requests, the Zoning Board
may reschedule the hearing.
(4) Public hearing.
(a)
Upon receipt of a complete and accurate application for a zoning
action requiring a public hearing, the Village Clerk shall establish
a date for a public hearing and transmit the application to the Zoning
Board. The Zoning Board shall hold a public hearing on the application.
No public hearing shall be held in the absence of a quorum, which
shall consist of four members of the Board.
(b)
As provided in state statute, applicants for variances and conditional
uses shall have the right to have subpoenas issued by the Village
for persons or documents, to present witnesses, and to cross-examine
all witnesses testifying at the public hearing.
(c)
The Chairperson or Acting Chairperson may compel the attendance
of witnesses. All testimony by witnesses shall be given under oath
administered by the Chairperson or Acting Chairperson.
(5) Zoning Board action.
(a)
Within 60 days after the close of the public hearing, the Zoning
Board shall transmit to the Village Board written findings of fact
pertaining to the approval criteria provided herein for the applicable
zoning action together with a recommendation for action, passed by
a majority vote of its members, and any conditions or restrictions
to which the Board recommends the action be made subject. The report
shall include the roll call vote of the Board on the recommendation.
(b)
The Zoning Board may not defer voting on any petition for more
than one meeting unless the petitioner approves any further postponement.
(c)
In the case of an application for a variance or a planned unit
development, the Board's recommendation may include any modification
of normal requirements that is authorized by this chapter.
(6) Mailing of Zoning Board Administrator report. The Zoning Board Administrator
shall mail a copy of the report of the Zoning Board to the petitioner
and to representatives of any objectors not less than five days prior
to the Village Board meeting at which the report is to be acted upon
if so requested at the hearing.
F. Village Board action.
(1) The Village Board shall not act upon any application requiring a
public hearing until either it has received a report thereupon from
the Zoning Board or until 60 days have elapsed from the close of the
public hearing thereon.
(2) The Village Board shall not approve any application unless it finds
that the zoning action applied for meets applicable criteria for approval
provided herein. In the case of a variance, a vote of 2/3 of the Village
Board shall be required to approve any application not approved by
the Zoning Board, as provided by state law.
(3) In the case of a conditional use, planned unit development, or a
variance, the Village Board may make its approval subject to any conditions
or restrictions it finds necessary to assure compatibility with the
vicinity of the subject property. The Village Board may also set time
limits within which such conditions or restrictions must be complied
with.
G. Resubmission. Except as otherwise provided herein, no application
that has been denied by the Village Board shall be resubmitted within
one year of the date of denial except on the grounds of new factual
evidence or a change in conditions found to be valid by the Zoning
Board.