Evergreen Park City Zoning Code
ARTICLE IV
ZONING APPLICATIONS, HEARINGS, AND APPROVALS
Sec. 25-40. Applications.
A. Place of Filing. All applications shall be filed with the Village Clerk except that applications requiring action by the Building Commissioner shall be filed with him.
B. Form; Number; Scale. All applications filed pursuant to this Code shall be on forms supplied by the Village and shall be filed in such number as determined necessary in order to provide copies thereof to the Village. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of the contents of said plans.
C. Fees.
1. Fee Established; Lien. Every application filed pursuant to this Code shall be subject to a minimum application fee as established from time to time by the Board of Trustees to recover the actual costs, as hereinafter defined, incurred by the Village in processing such application. In the event that the actual costs exceed the minimum application fee, the balance shall be due within 10 days after billing by the Village. The owner of the property subject of the application and, if different, the applicant shall be jointly and severally liable for the payment of said fee. By signing the application, the owner shall be deemed to have agreed to pay such fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fee, plus the costs of collection, which has not been paid within 30 days following the mailing of a written demand for such 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.
2. Recoverable Costs. For purposes of establishing the application fee, the actual costs incurred by the Village in processing an application shall be deemed to consist of the following items of direct and indirect expense:
(a) Legal Publication and posted sign (direct cost);
(b) Recording Secretarial Services (direct cost);
(c) Court Reporter (direct cost);
(d) Administrative Review and Preparation (hourly salary);
(e) Document Preparation and Review (hourly salary);
(f) Professional and Technical Consultant Services (direct cost);
(g) Legal Review, Consultation, and Advice (direct cost);
(h) Copy Reproduction (direct cost); and
(i) Document Recordation (direct cost).
3. Condition of all Applications, Approvals, and Permits; Time Periods. No application filed pursuant to this Code shall be considered complete unless and until all fees and deposits due pursuant to this Subsection have been paid. Every approval granted and every permit issued pursuant to this Code, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of fees as required by this Subsection.
When this Code provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, all time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run.
The failure to fully pay any such fee or deposit when due shall 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.
4. Waiver. The Board of Trustees may waive any or all of an application fee. No application fee shall apply to the Village or any elected official thereof.
D. Minimum Data Requirements. Every application submitted pursuant to this Code shall contain such information as is required by the Village from time to time.
E. Special Data Requests. Every applicant shall submit other and additional data, information, or documentation as the Building Commissioner or the Zoning Board of Appeals may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
F. Waiver of Application Requirements. The Building Commissioner and the Zoning Board of Appeals have the right to waive any documentation required by them or required in this code.
G. Withdrawal of Application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto. Such withdrawal shall be without prejudice to the applicant's right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this Code in the same manner as any other new application. No refund of any fees shall be made by reason of a withdrawn application.
Sec. 25-41. Public Hearings.
A. Setting Hearing. When the provisions of this Code require a public hearing in connection with any application, the Zoning Board of Appeals shall fix the date for the public hearing.
B. Notice. The following provisions are applicable to public hearings conducted by the Zoning Board of Appeals:
1. Village Clerk to Give Notice. The Village Clerk shall cause notice to be given of public hearings in the form and manner and to the persons herein specified.
2. Content of Notice. All notices shall include the date, time and place of such hearing, a description of the matter to be heard or considered, the address or particular location of the subject property, and a legal description of the subject property where the application is not filed by the Village.
3. Published Notice. The Village shall give notice of every public hearing by publication not less than 15 nor more than 30 days in advance of the hearing date in a newspaper having general circulation within the Village.
4. Mailed Notice. The Village shall give notice of every public hearing by mail not less than 10 nor more than 30 days in advance of the hearing date to all persons listed on the Village water billing records for property located within 200 feet of the applicant's property.
5. Posted Notice. The Village may post a notice on the property indicating that a zoning application is pending with regard to any rezoning or subdivision. The applicant shall permit such posted notice and shall not remove the same.
6. Village Applications. The only notice required with regard to an application made by the Village is published notice.
7. Improper Notice. The failure to provide any notice, other than the published notice, shall not affect the jurisdiction or proceedings conducted on an application at a public hearing.
8. Continued Public Hearing. No notice of a continued public hearing or a matter referred back to the Zoning Board of Appeals by the Board of Trustees is required.
C. Conduct of Hearings.
1. Rights of All Persons. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body may exclude irrelevant, immaterial, or unduly repetitious evidence.
2. Adjournment of Hearing. The body conducting the hearing may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the hearing body may find to be sufficient.
3. Testimony to be Sworn. All testimony at any hearing shall be given under oath.
4. Right to Submit Written Statements. Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard. Such statements shall be subscribed and sworn before an officer authorized to administer oaths and shall be made a part of the public record of the hearing.