The purpose of this chapter is to establish the specific duties and responsibilities of the Village Board, Community Development Commission, and Zoning Administrator as they relate to this title, and establish the application, notice, and public hearing procedures for the zoning applications and approvals of this title. (Ord. 67-2018, 12-18-2018)

The Village Board shall have the following specific duties and responsibilities pursuant to this title.

   A.   Make final decisions on applications for special use permits (refer to section 10-3-3, "Special Use Permit", of this title).

   B.   Make final decisions on applications for zoning variations (refer to section 10-3-4, "Variation", of this title).

   C.   Make final decisions on applications for zoning text and map amendments (refer to section 10-3-6, "Zoning Text Or Map Amendment", of this title).

   D.   Make final decisions on applications for planned unit developments (refer to chapter 4, "Planned Unit Developments", of this title).

   E.   Other responsibilities as designated by this title or by law. (Ord. 67-2018, 12-18-2018)

The Community Development Commission shall have the following specific duties and responsibilities pursuant to this title.

   A.   Make recommendations to the Village Board on applications for special use permits (refer to section 10-3-3, "Special Use Permit", of this title).

   B.   Make recommendations to the Village Board on applications for zoning variations (refer to section 10-3-4, "Variation", of this title).

   C.   Make recommendations to the Village Board on applications for zoning text and map amendments (refer to section 10-3-6, "Zoning Text Or Map Amendment", of this title).

   D.   Make final decisions on applications for zoning appeals (refer to section 10-3-7, "Zoning Appeal", of this title).

   E.   Make recommendations to the Village Board on applications for planned unit developments (refer to chapter 4, "Planned Unit Developments", of this title).

   F.   Prepare and recommend a comprehensive plan to the Village Board and propose amendments to the plan from time to time.

   G.   Other responsibilities as designated by this title or by the Village Board. (Ord. 67-2018, 12-18-2018; amd. Ord. 5-2021, 3-23-2021)

The Director of Community Development shall be considered the Zoning Administrator and shall have the following duties and responsibilities pursuant to this title. For the purposes of this title, the term Zoning Administrator shall be inclusive of his or her designees.

   A.   Review and make final decisions on applications for Site Plan Review (refer to § 10-3-2 Site Plan Review).

   B.   Review and make final decisions on applications for administrative adjustments (refer to section 10-3-5, "Administrative Adjustment", of this title).

   C.   Review and make final decisions on applications for zoning interpretations (refer to section 10-3-8, "Zoning Interpretation", of this title).

   D.   Review and make final decisions on applications for sign permits (refer to section 10-3-9, "Sign Permit", of this title).

   E.   Review and make final decisions on applications for temporary use permits (refer to section 10-3-10, "Temporary Use Permit", of this title).

   F.   Review and forward special use permits (refer to section 10-3-3, "Special Use Permit", of this title), variations (refer to section 10-3-4, "Variation", of this title), zoning text and map amendments (refer to section 10-3-6, "Zoning Text Or Map Amendment", of this title), zoning appeals (refer to section 10-3-7, "Zoning Appeal", of this title), planned unit developments (refer to chapter 4, "Planned Unit Developments", of this title), and other administrative reviews required by this title to the Community Development Commission or Village Board, as specified.

   G.   Maintain and make available permanent and current records of this title and Zoning Map.

   H.   Maintain and make available permanent and current records as required by this title including, but not limited to, all relevant information and official action regarding zoning applications.

   I.   Other responsibilities as designated by this title, the Village Board, or the Community Development Commission. (Ord. 67-2018, 12-18-2018; amd. Ord. 5-2021, 3-23-2021)

   A.   Authorization: Any property owner in the Village, or individual expressly identified by any owner in writing, is authorized to file an application for a site plan review, special use permit, variation, administrative adjustment, zoning text amendment, zoning map amendment, zoning appeal, zoning interpretation, sign permit, or temporary use permit.

   B.   Pre-Application Consultation: Prior to filing a zoning application, the applicant may arrange a pre-application consultation with the Zoning Administrator to discuss the application. At the pre-application consultation, the Zoning Administrator shall provide the applicant with guidance on the application procedure and the evaluation of applications.

   C.   Filing: All applications shall be filed with the Zoning Administrator on forms provided by the Village. Applications shall be filed in such number as requested by the Village, with plans at a scale sufficient to allow a clear understanding of the proposal, and with all of the contents required by the application and this title, as determined by the Zoning Administrator.

   D.   Fees: Every application shall be accompanied by the required filing fee as established and modified from time to time by this Code. Until the fee is paid, no steps shall be taken to process the application. Applications initiated by the Village shall be exempt from fees.

   E.   Completeness: The Zoning Administrator shall determine whether the application is complete. Upon determining that the application is complete, the Zoning Administrator shall notify the applicant and the application shall be scheduled for consideration by the appropriate board, commission, or official. Upon determining that the application is deficient, the Zoning Administrator shall notify the applicant and no steps shall be taken to process the application until the deficiencies are rectified. An application shall not be considered on-file until the Zoning Administrator determines the application is complete.

   F.   Failure To Act: The Zoning Administrator or Community Development Commission's failure to issue a decision or make a recommendation on any application within the applicable period specified in this title shall be deemed approval of, or a recommendation for approval of, such application. The Village Board's failure to issue a decision on any application within the applicable period specified in this title shall be deemed denial of such application.

   G.   Supermajority Vote: A two-thirds (2/3) favorable vote of the Village Trustees is required to approve any application for which the Community Development Commission recommends denial.

   H.   Withdrawal Of Application: An applicant shall have the right to withdraw an application at any time prior to the decision on the application by a board, commission, or official. Application fees for withdrawn applications will not be refunded.

   I.   Successive Application: A successive application for an application that has been denied shall not be reviewed or heard within one year after the date of denial, except if substantial new information has become known since the denial. A successive application filed within one year of the date of denial shall include detailed information that justifies its consideration. The Zoning Administrator shall determine whether a successive application is appropriate for submittal.

   J.   Public Examination Of Application: Any person may examine any zoning application and any of the application's supporting materials, subject to the Illinois Freedom of Information Act. Upon reasonable request, any person shall be entitled to copies of the application and related documents. (Ord. 67-2018, 12-18-2018)

The administrative body conducting a hearing or making a decision shall not hear or review a zoning application unless the applicant complies with the notice requirements of this section. Table 10-2-6-1, "Types Of Required Notice", of this section indicates the types of notice required prior to public hearings or decisions on each of the zoning applications.

TABLE 10-2-6-1
TYPES OF REQUIRED NOTICE

 

   A.   Published Notice:

      1.   Applicability: Published notice of a public hearing shall be provided by the Village.

      2.   Time Frame: Published notice shall be provided in a newspaper of general circulation within the Village no less than fifteen (15) days, but no more than thirty (30) days, in advance of the scheduled hearing date.

      3.   Contents: The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, and the address of the subject property.

   B.   Mailed Or Delivered Notice:

      1.   Special Use Permits, Variations, Zoning Map Amendments, And Planned Unit Developments:

         a.   Time Frame: The notice shall be provided no less than fifteen (15) days, but no more than thirty (30) days, in advance of the scheduled hearing date.

         b.   Notice To Neighboring Properties: Mailed or delivered notice shall be provided by the Village to the owners of all properties located within two hundred fifty feet (250') of the property line of the subject property. The area occupied by any public right- of-way shall not be included as part of this requirement. The Zoning Administrator shall prepare an affidavit stating that notice was provided to every property within two hundred fifty feet (250') of the subject property that states the names, addresses, and property identification numbers of all notice recipients. The requirements of this section shall not prevent the Village from providing additional notice to properties located more than two hundred fifty feet (250') from the property line of the subject property as the Village may deem appropriate.

         c.   Contents: The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, and the address of the subject property.

      2.   Administrative Adjustments:

         a.   Time Frame: The notice shall be provided at least fifteen (15) days prior to the date that the Zoning Administrator indicates that a decision will be rendered on the application.

         b.   Notice To Neighboring Properties: Mailed or delivered notice shall be provided by the Village to the owners of all properties located adjacent to and across the street from the subject property. Mailed or delivered notice of Zoning Administrator review shall be provided by the Village for applications for administrative adjustments. The Zoning Administrator shall prepare an affidavit stating that notice was provided to each property that states the names, addresses, and property identification numbers of all notice recipients.

   C.   Posted Sign Notice:

      1.   Applicability: Posted sign notice of a public hearing shall be provided by the Village.

      2.   Time Frame: The notice shall be provided no less than fifteen (15) days, but no more than thirty (30) days, in advance of the scheduled hearing date.

      3.   Location: Posted sign notice shall be located on the property so that it is legible to passersby. A minimum of one sign shall be provided per street frontage.

      4.   Contents: The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, and the address of the subject property.

      5.   Requirement Modifications: The Zoning Administrator may modify the posted sign notice requirements when these requirements are found to be inappropriate or ineffective in providing the intended notice. Modifications to the posted sign notice may include content, quantity, and location. (Ord. 67-2018, 12-18-2018)

   A.   Call For Public Hearings: All public hearings shall be held at the call of the Chairperson of the hearing body and shall be open to the public.

   B.   Testimony: Any person who attends a public hearing may appear and present testimony regarding an application. All testimony shall be given under oath or by affirmation.

   C.   Voting: The hearing body shall keep minutes of its proceedings that show the vote of each member of the hearing body upon each application, or if absent, or failing to vote, indicating that fact.

   D.   Meetings And Records: The hearing body shall keep records of its hearings, and evaluation standards shall be included in the minutes of each application specifying the reasons for the hearing body's decision. Every determination of the hearing body shall be part of the public record.

   E.   Rules Of Procedure: The hearing body's rules of procedure shall not conflict with this title or with State Statutes. (Ord. 67-2018, 12-18-2018)