[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:
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.[1]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
[Amended 1-24-2005 by Ord. No. 05-02]
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]
(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.
A.
All applications shall be accompanied by a filing fee.
B.
A deposit toward the costs of any retained personnel necessary for
the processing of the application, such as consulting engineering
services, consulting planning services, legal services, or court reporter
services, shall also be paid except for applications for:
[Amended 7-27-2016 by Ord. No. 16-16]
C.
The deposit shall be credited against the expense to the Village
of such personnel, which shall be fully charged to the applicant.
Any portion of the deposit not needed to pay such expense shall be
refunded without interest to the applicant within 30 days of final
action on the application.
D.
The amounts of such filing fees and deposits shall be 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. A schedule of current fees and deposit requirements shall be made available in the office of the Village Clerk and the Zoning Administrator.
[Amended 7-27-2016 by Ord. No. 16-16]
A.
The party signing the application shall be considered the applicant.
B.
An applicant must be the fee owner or trustee of record, trust beneficiary,
lessee, contract purchaser, or option holder of the subject property
or his or her agent or nominee.
(1)
If the applicant is not the fee owner. If the applicant is not the
fee owner of record of the subject property, the application shall
disclose the legal capacity of the applicant and the full names, addresses,
and telephone numbers of all owners. In addition, an affidavit of
the fee owner or owners shall be filed with the application stating
that the applicant has authority from the owner to make the application.
(2)
If the applicant or fee owner is a corporation or partnership. If
the applicant, fee owner, contract purchaser, option holder, or any
beneficiary of a land trust is a corporation, the application shall
disclose the names and addresses of the corporation's officers, directors,
and registered agents, or the partnership's general partners and those
shareholders or limited partners owning in excess of 5% of the outstanding
stock or interest in the corporation or interest shared by the limited
partners. If the applicant is a land trust, a properly executed direction
from the beneficiary shall be submitted with the application. If the
applicant is a corporation, a properly executed corporate resolution
authorizing the application shall be attached thereto.
(3)
If the applicant or fee owner is a land trust. If the applicant or
fee owner is a land trust or other trust or trustee thereof, the full
name, address, telephone number, and extent of interest of each beneficiary
must be disclosed in the application.
C.
Disclosure of present ownership interests shall be accompanied by
a statement by the applicant of proposed ownership of all land.
D.
In the event of a change of ownership between the time the application
is filed and the time of the public hearing, such change shall be
disclosed by affidavit no later than the time of the hearing.
E.
For any application for a sign permit, the application shall disclose
the ownership of the sign and the ownership or management of the premises
on which it is to be displayed. For an application for either a sign
permit or a temporary use permit, the application shall include the
written permission of the owner or manager of the premises on which
the sign or temporary use is to be located. A manager providing such
permission shall furnish satisfactory evidence of his or her authority
to act on behalf of the owner.
A.
Except as otherwise provided herein, an applicant for any action
that requires a public hearing must provide public notice of such
hearing. Zoning actions that require a public hearing are:
B.
The required notice shall consist of the following actions:
(1)
Sign display.
(a)
The applicant shall post a sign in the front yard of the affected
property, facing and visible from a public street and no further than
30 feet from the right-of-way line.
[Amended 7-27-2016 by Ord. No. 16-16]
(b)
The sign shall conform to such requirements as to copy, size
of lettering, and other items as may be established by the Village
Board.
(c)
The sign shall be erected no less than 15 days prior to the
date of the scheduled public hearing and remain continuously in place
until the public hearing is concluded, but no more than 10 days thereafter.
(d)
No posting of a sign shall be required if the applicant is the
Village, the zoning action pertains to property not owned by the Village,
and the property owner does not consent to the erection of a sign
giving notice of the action.
(2)
Written notification.
(a)
The applicant shall also provide written notice of the public
hearing to the owners of record of each parcel of real estate abutting
or across a street or alley from any boundary of the property affected
by the application.
[Amended 7-27-2016 by Ord. No. 16-16]
(b)
The owners of record for this purpose shall be considered those
appearing on the records of the County Recorder of Deeds or those
who paid property taxes for the most recent year according to the
records of the County Collector or County Treasurer.
(c)
The written notice shall be delivered in person or by certified
mail, return receipt requested, not more than 30 days nor less than
15 days prior to the scheduled date of public hearing.
(d)
The written notice shall be substantially in the form of notice
provided by the Village Clerk. It shall contain:
[1]
The name and address of the owner and the applicant, if different
from the owner;
[2]
The street address, legal description, and a simple description
of the location of the subject property that will enable the ordinary
reader to accurately locate it;
[3]
The zoning action requested; and
[4]
The date, time, and location of the public hearing thereupon.
(3)
Newspaper publication.
(a)
The applicant shall publish a notice of the public hearing.
This requirement shall apply to all applications.
[Amended 7-27-2016 by Ord. No. 16-16]
(b)
The notice shall be published in a newspaper of general circulation
that is published in the Village at least 15 days but no more than
30 days before the scheduled date of the hearing. The published notice
shall contain the same information as is required for written notification
herein.
(c)
If a board or commission of the Village or the Village Board
proposes an amendment, the Village shall be responsible for meeting
this requirement.
(4)
Evidence of compliance. No later than the time of the public hearing,
the applicant shall file with the Village Clerk or the Zoning Board:
(a)
An affidavit stating that he or she has complied with all notice
requirements herein;
(b)
A copy of the written notice sent;
(c)
A list of names and addresses of all owners of record of property
abutting the subject parcel;
(d)
Signatures, on postal return receipts or in another form, of
those receiving the written notice; and
(e)
A publisher's certificate of publication of the required notice.
