Fox Crossing Village
City Zoning Code
City Zoning Code
ARTICLE 5
General Review Requirements
§ 435.5-01 Legislative findings.
The Village Board makes the following legislative findings:
A.
Development review processes should be easily understood and well-structured, and only involve those steps and requirements that are needed to properly review the application.
B.
The general public, property owners in the area, and affected agencies have a right to know about certain proposed development projects and have meaningful participation in the review process.
C.
Written findings should accompany adjudicative decisions to serve as a permanent record documenting the reasons for approval or denial and the conditions of approval, if any.
D.
Enforcing the rules and regulations contained in this chapter is an important function of government.
§ 435.5-02 Purpose.
The development review requirements and procedures in this chapter are intended to:
§ 435.5-03 Authority to file application.
Unless otherwise specified in this chapter, the owner of the property or a person having the power of attorney for the property owner shall sign the application submitted for review.
§ 435.5-04 Permission to enter subject property.
Submission of an application as may be required in this chapter authorizes Village officials and employees, or other designated agents, to enter the subject property to verify information in the application and to conduct other site investigations as may be necessary to review the application. Failure to allow access to the subject property is sufficient grounds to deny the application.
§ 435.5-05 Burden of proof.
A.
During application review process. During the application review process, the applicant has the burden of proof to show that the proposed development is consistent with this chapter.
B.
During appeal of an administrative decision. During an administrative appeal proceeding, the petitioner has the burden of proof to show that such decision is not consistent with this chapter.
C.
During enforcement proceedings. During enforcement proceedings, the Zoning Administrator or administrative unit taking enforcement action has the burden of proof to show that the action or development is in violation of this chapter.
§ 435.5-06 Effect of outstanding violation.
If the Zoning Administrator determines that a parcel is in violation of this chapter, no permit or approval of any kind shall be granted under this chapter that would benefit such parcel, except to correct the violation, or as may be required by state law.
§ 435.5-07 Concurrent review.
To the extent possible, when a development project requires multiple reviews, the reviews should be done concurrently. When one approval is a condition precedent to approval of another application, the approvals shall be issued in the requisite order.
§ 435.5-08 Application fees and other charges.
A.
Assessment of fees. As deemed necessary for the administration of this chapter, the Village Board may, by resolution, establish application fees and other charges, as set forth in the Village Fee Schedule.
B.
Timing for payment. Application fees shall be paid at the time the application is submitted for review.
C.
Doubling of application fee. If an activity which requires prior authorization under this chapter is started before the authorization is granted, the application fee is automatically doubled. Payment of such fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.
D.
Refunds. Application fees are nonrefundable, except when the application and fee were accepted by the Zoning Administrator or Village staff in error.
§ 435.5-09 Charge back of professional service fees.
A.
Generally. The Village Board may require an applicant to be responsible for paying the professional service fees of individuals or private firms the Village elects to hire to assist in the review of a submitted application. Such fees may cover time, materials, and other related expenses of attorneys, planners, engineers, and other specialists, and their support staff. Payment of fees is required whether the application is approved or not.
B.
Billing procedure. The Zoning Administrator shall prepare an itemized statement of the professional service fees to be charged and provide a copy to the applicant. Such statement shall be in writing and shall contain, at a minimum, the following information:
(1)
A statement that the applicant has a specified period of time, not less than 30 days, to pay;
(2)
A statement that the applicant may appeal one or more of the itemized charges to the Village Board within 15 days of the date of the statement; and
(3)
A statement that any unpaid charge will be assessed as a delinquent charge against the subject property.
C.
Appeal of charges. To appeal one or more charges, the applicant shall submit a written appeal to the Zoning Administrator within the appeal period stated on the statement. The Village Board shall consider the matter at its next regular meeting, provided the date of the meeting is 10 days or more from the date the appeal is received. The Village Board shall have the power to approve the charges as assessed or reduce the amount of charges in whole or in part with cause.
D.
Nonpayment. If the applicant does not appeal the charges within the time period specified in the statement, the Village Treasurer shall automatically charge any unpaid amount as a delinquent tax against the property as provided by state law. In the event the applicant submits an appeal as provided in this section, no charges shall be placed on the tax roll unless and until such time as the Village Board approves the charges against the tax roll in whole or in part. When a charge becomes delinquent, if it is too late to put the charge on the current year's tax bill, then the delinquent charge shall be extended to the following year's tax roll.
§ 435.5-10 Nonconfidentiality of submitted information.
All written information that an applicant submits to Village staff during a pre-submittal meeting or at any point in the review process is considered part of the public record subject to state and local law.
§ 435.5-11 Nature of staff comments.
Statements and recommendations that are made by the Zoning Administrator, other Village staff, and other representatives prior to or during the application review process shall not be binding on the decision-making body responsible for making the final decision.
§ 435.5-12 Withdrawal of application.
A.
Timing of withdrawal. An applicant may withdraw an application anytime after submittal but prior to a final decision.
B.
Effect of withdrawal. A request to withdraw an application terminates the review process and no decision shall be rendered.
C.
Retention of application materials. A withdrawn application and related review documents shall be kept as a permanent public record.
§ 435.5-13 Appeals.
A.
Commencement of work prior to end of appeal period. If a development project is approved under this article, the applicant may, upon receipt of the decision notice and satisfaction of all precedent conditions of approval, commence with the work as authorized under the approval with the understanding that another qualified party may file an appeal with the appropriate review body. Prior to the end of the appeal period, all such work proceeds at the risk of the applicant.
B.
Effect of appeal on approval. If a qualified party appeals a decision granting approval, the approval shall be stayed and all work authorized by the approval shall cease until the reviewing body issues a final ruling relating to the approval.
§ 435.5-14 Application review schedule.
A.
Authority. The Zoning Administrator shall from time to time prepare a schedule establishing deadlines for submitting the various types of applications.
B.
Publication of schedule. The Zoning Administrator shall make the current review schedule available to the public and may post it on the Village's website.
§ 435.5-15 Application forms.
The Zoning Administrator shall prepare application forms and may amend them from time to time.
§ 435.5-16 Other approvals.
It is the responsibility of those undertaking development projects within the Village to obtain all applicable permits and other approvals as may be required elsewhere in the Village of Fox Crossing Municipal Code and from federal, state, and local authorities as may be required.
§ 435.5-17 Building permit.
A building permit for the construction of a new building or the expansion of an existing building shall not be issued until such time as a zoning permit has been issued or a written determination is made that one is not required.
§ 435.5-18 Generally.
The type of notice that is given for each of the various procedures outlined in this article is dictated by the nature of the decision. Administrative decisions, such as a zoning permit, involve very little discretion. Either the proposed development meets the standards in this chapter or it does not. In contrast, there are other decisions that involve more discretion and judgment based on particular circumstances. The review of a conditional use application, for example, involves discretion on the part of those involved in making recommendations and final determinations on whether the application should be approved or not. As a general rule, notice for an application is not given for administrative decisions. More notice is given when a proposed action could potentially affect other parties, including nearby property owners, other governmental bodies, and the general public. This division outlines when notice is to be given and the nature of the notice when it is required.
§ 435.5-19 When notice is required.
Notice shall be provided as shown in Exhibit 5-1.
Exhibit 5-1. Notice | ||||
|---|---|---|---|---|
Type of Action | Class 2 Public Notice | Property Owner Notice | Agency Notice | Meeting Agenda |
Code amendment — map amendment — landowner initiated | X1 | X | X | X |
Code amendment — map amendment — Village initiated | X1 | X | X | X |
Code amendment — text amendment | X1 | — | X | X |
Planned development overlay district establishment | X | X | X | X |
Conditional use | X | X | X | X |
Determination of unsafe conditions | X | X | — | X |
Termination of approval | X | X | — | X |
Variance | X | X | X | X |
Administrative appeal | X | X | X | X |
Building, site, and operation plan upon appeal | — | — | — | X |
Key: An "X" means that the indicated notice is required; a dash "—" means that the indicated notice is not required. |
Note 1: If the proposed amendment would have the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the Village Clerk. |
§ 435.5-20 Content of required notice.
Notices shall include the information as listed in Exhibit 5-2.
Exhibit 5-2. Content of Notice | |||
|---|---|---|---|
Public Notice | Property Owner Notice | Agency Notice | |
Applicant name | X | X | X |
Subject property address or legal description by which the public can locate the subject property | X | X | X |
Nature of the application | X | X | X |
A description of the proposed project | X | X | X |
Name of body or official who will consider the application | X | X | X |
Date, time and location of the public hearing | X | X | X |
If the action is administrative, the date by which an administrative decision will be made (no sooner than 21 days from the date of the notice) | — | X | X |
If the action is administrative, a statement that interested parties may request the reviewing entity conduct a public hearing to accept public input | — | X | — |
Location where the public can view the application | X | X | X |
The criteria that will be used to evaluate the proposal | — | X | X |
General location map | X | X | X |
Key: An "X" means that the indicated information is required; a dash "—" means that the indicated information is not required. |
§ 435.5-21 Cost to provide notice.
Using proceeds from the application fee, the Village shall pay the costs related to the provision of notice required under this division.
§ 435.5-22 Public notice.
When required, the Zoning Administrator shall place public notice in the official newspaper consistent with the following provisions:
A.
Time requirements. A Class 2 notice shall be published once each week for two consecutive weeks, the last one occurring at least seven days before the meeting or hearing.
B.
Content. The notice shall include the information listed in Exhibit 5-2.
C.
Affidavit of mailing. The Administrator shall prepare an affidavit of mailing to certify that a notice was mailed as described in this section.
§ 435.5-23 Property owner notice.
When required, the Zoning Administrator shall mail a notice to each owner of record of property located in the Village of Fox Crossing within 300 feet of the subject property involved in the application consistent with the following provisions:
A.
Time requirements. The notice shall be mailed by regular mail at least 10 business days prior to the date of the meeting at which the matter will be considered.
B.
Content. The notice shall include the information listed in Exhibit 5-2.
C.
Source of names and addresses. The names and addresses of property owners shall be deemed to be those listed on the tax records maintained by Winnebago County.
D.
Failure to notify owner. The failure of an owner of record to receive notice shall not invalidate or otherwise have any effect upon a public hearing or other action taken on the application.
E.
Additional notice. When the applicant also owns the land adjoining the subject property involved in the application, the Administrator shall mail a notice to those property owners within 300 feet of such property.
F.
Affidavit of mailing. The Administrator shall prepare an affidavit of mailing to certify that a notice was mailed as described in this section.
§ 435.5-24 Agency notice.
When required, the Zoning Administrator shall mail a notice to affected agencies consistent with the following provisions:
A.
Time requirements. The notice shall be mailed by regular mail at least 10 business days prior to the date of the meeting at which the matter will be considered.
B.
Content. The notice shall include the information listed in Exhibit 5-2.
C.
Failure to notify owner. The failure of an agency to receive notice shall not invalidate or otherwise have any effect upon a public hearing or other action taken on the application.
D.
Affidavit of mailing. The Administrator shall prepare an affidavit of mailing to certify that a notice was mailed as described in this section.
§ 435.5-25 Meeting agenda notice.
When required, the body responsible for acting on the application shall place the item on its meeting agenda.
§ 435.5-26 Affidavit of mailing.
An affidavit of mailing provides documentary evidence that a mailing as required in this chapter was mailed. An affidavit of mailing shall be kept as a public record.
§ 435.5-27 Legislative findings.
§ 435.5-28 General requirements.
§ 435.5-29 General procedure.
The presiding officer conducting the public hearing shall follow this procedure as a general guideline:
A.
Ask for a motion and a second to open the public hearing.
B.
Announce the purpose and subject of the public hearing.
C.
Determine whether public notice as required by this chapter has been provided. If notice has not been provided, the hearing shall be postponed until such time as proper notice has been provided.
D.
Ask if any member of the body conducting the public hearing has a conflict of interest in regard to the matter being discussed and excuse those who do.
E.
Ask the staff to present a staff report.
F.
Ask the applicant to describe the proposal.
G.
Allow members of the body conducting the public hearing to direct questions to the applicant and staff, if present.
H.
Ask for statements from the public.
I.
Read aloud any written statements which were submitted by those who could not be in attendance.
J.
Announce that the body may not accept any additional comment from the applicant or any member of the public once the public hearing is closed.
K.
Ask for a motion and second to close the public hearing.
§ 435.5-30 Continuances.
A.
Prior to start of public hearing. In the event the applicant or the applicant's agent is not present for the public hearing, the body conducting the public hearing may authorize a continuance.
B.
During a public hearing. Prior to the close of the public hearing, the applicant may request a continuance and the body conducting the public hearing may agree to the continuance upon a showing of good cause. Likewise, the body conducting the public hearing may ask the applicant for a continuance, but the applicant is not required to grant such request. If the applicant does not grant a continuance, the body shall act on the information at its disposal.
C.
Effect. A continuance stops the time clock for making a decision.
D.
Notice requirements. A public hearing may be continued to a later date without again providing public notice, provided the time and date for the continued hearing are announced at the time of the continuance.
§ 435.5-31 Public comment.
A.
Time limitations on public comment. The presiding officer may impose a time limit on members of the public who wish to address the body conducting the public hearing to assure completion of the agenda in a timely manner. Under no circumstance shall such time limit be less than three minutes.
B.
Written comment. Prior to the close of the public hearing, members of the public may submit written comments to the body conducting the public hearing. A copy of such comments shall be provided to each member of the body conducting the public hearing or such comments shall be read aloud into the record.