Table 14-1: Summary of Zoning Applications summarizes the approval authorities of the zoning applications of this Chapter.

A.

Applications.

1.

Filing and optional pre-application conference.

a.

All zoning applications must be filed with the Zoning Administrator. The application must be on forms provided by the Village and filed in such quantity as required by the instructions.

b.

Prior to formal submittal of an application, a pre-application conference with the Zoning Administrator is optional. The purpose of the pre-application conference, which does not require a formal application or fees, is to provide informal advice and assistance to the applicant. Any opinions or advice provided are not binding with respect to any official action that may be taken on the application. Certain applications may require a pre-application conference.

2.

Application completeness.

a.

The application must include all information, plans, and data as specified in the application requirements. Any required plans must be at a scale sufficient to permit a clear and precise understanding of the proposal, unless specifically required to be at a set scale.

b.

The Zoning Administrator will examine all applications to determine completeness. Additionally, the Village Engineer has the authority to review site plans, require site plan modifications, and/or require a traffic study by a professional, licensed engineer. If the application does not include all the submittal requirements for the application, the Zoning Administrator will reject the application and provide the applicant with the reasons for the rejection. The Zoning Administrator will take no further steps to process the application until all deficiencies are remedied.

c.

After an application is determined to be complete, any substantive change made by the applicant to the application requires resubmittal of the entire application and a new completeness review. However, such revisions do not require an additional payment of fees. However, once the application is under consideration by the appropriate body, additional information or revisions requested during review do not constitute a change to the application.

3.

Withdrawal of application. An applicant has the right to withdraw an application at any time prior to the final decision on the application by a board or official, including the ability to withdraw the application if it has been tabled. The applicant must submit a request for withdrawal in writing. There will be no refund of fees.

4.

Consideration of successive applications.

a.

Within one year of the date of denial, a subsequent application for the same zoning approval will not be reviewed or heard unless the applicant can show there is substantial new evidence available or that changed circumstances exist.

b.

If the application is resubmitted earlier than one year from the date of denial, the subsequent application must include a detailed statement of the grounds justifying its consideration. The Zoning Administrator will make a determination as to whether the subsequent application is appropriate for resubmittal prior to the expiration of the one year wait requirement. If the Zoning Administrator finds that there are no new grounds for consideration of the subsequent application, he/she will summarily, and without hearing, deny the request.

5.

Fees. Payment of filing fees are required in accordance with the Fee Schedule adopted by the Village Board.

B.

Notice.

1.

Required notice.

Table 14-2: Required Notice indicates the types of notice required for zoning applications.

2.

Published notice. When published notice is required in Table 14-2, the Village will publish notice in one or more newspapers published in the Village or, if no newspaper is published within the Village, then in one or more newspapers with a general circulation within the Village. The notice must include the date, time, place, and purpose of such hearing, and the common address and Parcel Identification Number (PIN) of the subject property. Notice must be published no less than fifteen (15) days and no more than thirty (30) days in advance of the scheduled hearing date.

3.

Mailed notice. When mailed notice is required in Table 14-2, the applicant is responsible for the mailing, by regular U.S. Mail, as described below, and must furnish the Village an affidavit that such notices were mailed prior to the date of the hearing.

a.

Written notice must be mailed no less than fifteen (15) and no more than thirty (30) days in advance of the scheduled hearing date to all taxpayers of record of property laying within two hundred fifty (250) feet of the subject property:

b.

Distance is measured from the property line in each direction from the subject property. All roads, streets, and other public ways are excluded from the distance requirements.

c.

The notice must include the date, time, place, and purpose of such hearing, and the common address and Parcel Identification Number (PIN) of the subject property.

d.

Nothing in this section is intended to prevent the applicant or the Village from giving additional notice as he/she may deem appropriate.

e.

If the taxpayer of record of any property on which notice is to be sent cannot be found at his/her last known address, the notice requirements are deemed satisfied.

4.

Posted notice. When posted notice is required in Table 14-2, it must be located on the subject property in accordance with the following provisions:

a.

The required posting period must be no less than fifteen (15) days and no more than thirty (30) days in advance of the scheduled hearing date.

b.

The sign must be posted at a prominent location on the property, near the sidewalk or public or private right-of-way so that it is visible to pedestrians and motorists. Properties with more than one street frontage are required to post one sign visible on each street frontage.

c.

The sign must include the date, time, place, and purpose of the public hearing.

d.

The Village will install the sign during the required posting period.

C.

Public hearing.

1.

Examination of documents. Upon receipt by the Zoning Administrator of an application that requires a public hearing, the Zoning Administrator will assign a case and/or docket number to the application and maintain a file for such. The file will be open to the public for inspection during regular business hours. All documents pertinent to the case (application, legal notice, evidence, exhibits, transcript or record of proceedings, etc.) will be placed in said file by the Zoning Administrator.

2.

Conduct of the public hearing.

a.

The public hearing must be conducted in accordance with all applicable requirements of Illinois law and the rules and regulations of the body conducting the hearing.

b.

Any party in interest may appear and be heard at a public hearing held for an application, and such appearance may be made in person, by agent (if a corporation), or by attorney.

3.

Continuances. The body conducting the hearing may continue a public hearing. No new notice is required to reopen the public hearing if the hearing is continued to a date specific, provided that a public announcement of the future date, time, and place of the continued hearing is made at the current hearing and recorded in the minutes. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing all notice must be given that would have been required for the initial public hearing.

(Ord. 2425-VC-21, § 3)

A.

Purpose. The regulations imposed and the districts created by this Ordinance may be amended from time to time in accordance with this section. This process for amending the Zoning Ordinance text or the Official Zoning Map is intended to allow modifications in response to omissions or errors, changed conditions, or changes in Village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.

B.

Initiation. Amendments to this Ordinance may be initiated by the Zoning Administrator or the property owner.

C.

Authority. The Village Board, after receiving a recommendation from the Zoning Board of Appeals will take formal action on requests for zoning text and map amendments.

D.

Procedure.

1.

Action by the Zoning Board of Appeals.

a.

After receipt of a complete application, the Zoning Board of Appeals will consider the proposed application at a public hearing within sixty (60) days of receipt of an application. Notice for the public hearing must be in accordance with Section 9-14-2.

b.

The Zoning Board of Appeals will prepare findings of fact and make its recommendation with respect to the proposed amendment and forward their findings and recommendation to the Village Board.

c.

The Zoning Board of Appeals must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. For zoning text amendments, the Zoning Board of Appeals must recommend approval, approval with modifications, or denial of the application. For zoning map amendments, the Zoning Board of Appeals must recommend approval or denial of the application.

2.

Action by the Village Board.

a.

Upon receipt of the Zoning Board of Appeals recommendation, the Village Board will act on the application.

b.

The Village Board must take action in the form of approval, approval with modifications, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments.

E.

Approval standards. The Zoning Board of Appeals recommendation and the Village Board decision on any zoning text or map amendment is a matter of legislative discretion that is not controlled by any particular standard. However, in making their recommendation and decision, the Zoning Board of Appeals and the Village Board must consider the following standards. The approval of an application is based on a balancing of these standards.

1.

Approval standards for map amendments.

a.

The consistency of the proposed amendment with the Comprehensive Plan.

b.

The compatibility with the existing use and zoning of nearby property.

c.

The extent to which the proposed amendment promotes the public health, safety, and welfare of the Village.

d.

The relative gain to the public, as compared to the hardship imposed upon the applicant.

e.

The suitability of the subject property for the purposes for which it is presently zoned.

f.

The length of time that the subject property in question has been vacant, as presently zoned, considered in the context of development in the area where the property is located.

g.

The extent to which the proposed amendment creates nonconformities.

2.

Approval standards for text amendments.

a.

The consistency of the proposed amendment with the Comprehensive Plan.

b.

The extent to which the proposed amendment promotes the public health, safety, and welfare of the Village.

c.

Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.

d.

The extent to which the proposed amendment creates nonconformities.

F.

Protest. In case of a written protest against any proposed map amendment, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjacent, or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered, is filed with the Zoning Administrator, the proposed amendment cannot be passed except by a favorable vote of two-thirds of all of the members of the Village Board then holding office.

A.

Purpose. The development and execution of this Ordinance is based upon the division of the Village into zoning districts, within which the use of land and buildings, and the bulk and location of buildings and structures in relation to land, are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics cannot be properly classified in any particular district or districts without consideration in each individual case of the impact of those special uses upon neighboring land and of the public need for that particular special use at that particular location. Such uses may be either public or private, and are of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

B.

Initiation. Conditional uses may be initiated by any property owner in the Village or their authorized designee(s).

C.

Authority. The Village Board, after receiving a recommendation from the Zoning Board of Appeals, will take formal action on requests for conditional uses.

D.

Procedure.

1.

Action by the Zoning Board of Appeals.

a.

After receipt of a complete application, the Zoning Board of Appeals will consider the proposed application at a public hearing. Notice for the public hearing must be in accordance with Section 9-14-2.

b.

The Zoning Board of Appeals must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Zoning Board of Appeals Commission must recommend approval, approval with conditions, or denial of the application.

c.

Upon close of the public hearing, the Zoning Board of Appeals will prepare a recommendation with respect to the proposed conditional use and forward their findings and recommendation to the Village Board.

2.

Action by the Village Board.

a.

Upon receipt of the Zoning Board of Appeals recommendation, the Village Board will act on the application.

b.

The Village Board must take action in the form of approval, approval with conditions, or denial on conditional use applications.

c.

In the event the Zoning Board of Appeals recommends denial of the conditional use, then approval of the conditional use requires the favorable vote of a majority of all of the members of the Village Board.

d.

The terms and conditions of a granted conditional use will be specifically set forth within the ordinance approving the special use permit. No conditional use can be conducted in violation of the terms and conditions of the ordinance approving the conditional use.

E.

Approval standards. The Zoning Board of Appeals recommendation and the Village Board decision on a conditional use must consider the following standards:

1.

That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, or welfare.

2.

That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

3.

That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

4.

That adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.

5.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

6.

That the conditional use will, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the board of trustees pursuant to the recommendations of the Zoning Board of Appeals.

F.

Conditions. The Zoning Board of Appeals may recommend and the Village Board may impose conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary for the protection of the public health, safety, and welfare, which will be contained within the ordinance granting the special use permit.

G.

No presumption of approval. The listing of a use as a conditional use within a zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use is evaluated on an individual basis, in relation to all applicable standards of this Ordinance. Such evaluation will determine whether approval of the conditional use is appropriate at the particular location and in the particular manner proposed. The burden is on the applicant to establish that the conditional use requested is appropriate at the particular location and in the particular manner proposed.

H.

Expiration. A conditional use approval expires if any one of the following conditions occurs and no request for an extension of the conditional use approval is pending.

1.

When an approved conditional use is changed to another use. This also applies when the business that received conditional use approval is changed to a new business even if within the same use category. However, this does not apply when a business is transferred to a new owner and the use is maintained and operated as it is.

2.

For conditional uses granted in conjunction with new construction or additions or enlargements to an existing structure, the special use approval expires within twelve (12) months of the date of approval is a building permit has not been filed. The Village Board may approve an extension of this period of validity if the applicant applies in writing for an extension of time prior to the date of expiration.

3.

For conditional uses within existing structures or on lots where no structure is planned, the conditional use approval expires twelve (12) months of the date of approval if the licenses or permits required for the operation or maintenance of the use have not been obtained. The Village Board may approve an extension of this period of validity if the applicant applies in writing for an extension of time prior to the date of expiration.

4.

When the use is closed, discontinued, or abandoned for a continuous period of one year, the conditional use approval expires.

I.

Revision. Any changes, additions, or enlargements to an approved conditional use requires submittal of a new conditional use application.

J.

Revocation.

1.

The Village Board, after public hearing, may revoke a conditional use permit at any time if it is not in compliance with the conditions imposed or if there has been a change, addition, or enlargement to the conditional use without approval of such changes by the Zoning Board of Appeals per item I above.

2.

A public hearing will be held before the Village Board prior to any revocation of conditional use. A notice of such public hearing for revocation of a conditional use requires the same notice as that of the original application. In addition, written notice must also be sent, postage prepaid, to the last known address of the possessor of the special use permit.

A.

Purpose. The purpose of the variance process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this Ordinance that create practical difficulties or particular hardships.

B.

Initiation. A variance may be initiated by any property owner in the Village, or his/her authorized designee(s). A property owner or his/her designee may only propose a variance for property under his/her control.

C.

Authority. The Village Board, after receiving a recommendation from the Zoning Board of Appeals, will take formal action on requests for variances.

D.

Limitations. Variances to allow a use within a district that is not allowed as either a permitted or conditional use (use variances) are prohibited.

E.

Procedure.

1.

Action by the Zoning Board of Appeals.

a.

After receipt of a complete application, the Zoning Board of Appeals will consider the proposed application at a public hearing. Notice for the public hearing must be in accordance with Section 9-14-2.

b.

The Zoning Board of Appeals must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Zoning Board of Appeals Commission must recommend approval, approval with modifications, or denial of the application.

c.

Upon close of the public hearing, the Zoning Board of Appeals will prepare a recommendation with respect to the proposed variances and forward their findings and recommendation to the Village Board.

2.

Action by the Village Board.

a.

Upon receipt of the Zoning Board of Appeals recommendation, the Village Board will act on the application.

b.

The Village Board must take action in the form of approval, approval with modifications, or denial on variance applications.

c.

In the event the Zoning Board of Appeals recommends denial of the variance, then approval of the variance requires the favorable vote of a majority of all of the members of the Village Board.

F.

Approval standards. The Zoning Board of Appeals recommendation and the Village Board decision must make findings to support each of the following:

1.

The strict application of the terms of this Ordinance will result in hardship unless the specific relief requested is granted.

2.

The particular physical surroundings, shape, or topographical conditions of the specific property impose a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

3.

The plight of the owner is due to unique circumstances that do not apply to a majority of adjoining or nearby property, and is not a self-created hardship.

4.

The relief requested is the minimum necessary to eliminate the hardship

5.

The variance, if granted, will not alter the essential character of the locality.

G.

Conditions. The Zoning Board of Appeals may recommend and the Village Board may impose conditions and restrictions upon the variance as deemed necessary. The Village Board may grant a variance that is less than that requested when it has been decided that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the variance application.

H.

Expiration. An approved variance will expire one year from the date of approval unless a building permit is obtained or construction has begun prior to the end of the one year period. The Village Board may grant an extension for a period of validity longer than one year as part of the original approval or it may shorten such period of validity as part of the original approval. An applicant may apply in writing for an extension of time at any time prior to the date of expiration.

A.

Purpose. The site plan review process is intended to promote orderly development and redevelopment in the Village, and to assure that such development or redevelopment occurs in a manner that is harmonious with surrounding properties, is consistent with Village's adopted land use policies, and promotes the public health, safety, and welfare of the Village. This section provides standards by which to determine and control the physical layout and design to achieve compatibility of uses and structures, efficient use of land, minimization of traffic and safety hazards, and incorporation of stormwater management and sustainable design techniques.

B.

Authority. The Zoning Administrator reviews and issues final approval of site plans. The Zoning Administrator may convene a technical review committee, comprised of Village staff, as he/she deems appropriate.

C.

Required site plan review.

1.

Site plan review and approval is required for the following developments. Site plan review and approval is not required for planned unit developments.

a.

New townhouse, multi-family, nonresidential, and mixed-use development, including construction of additional principal buildings on a developed site.

b.

Additions to townhouse, multi-family, nonresidential, and mixed-use development that increase the gross floor area by three thousand (3,000) square feet or more.

c.

Parking lots of fifteen (15) or more spaces.

d.

Drive-through facilities.

e.

Wireless telecommunications.

2.

The following are exempt from site plan review:

a.

Planned developments (site plan review is conducted as part of the PD process).

D.

Procedure.

1.

Applications for site plan review must be submitted to the Zoning Administrator. The Zoning Administrator may convene a technical review group comprised of Village staff to review the application.

a.

Site plan review will not be conducted when any of the property subject to site plan review maintains outstanding fines, citations, penalties, fees, etc.

2.

The Zoning Administrator must begin the review of the site plan within thirty (30) days of the date the application is deemed complete. The Zoning Administrator must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the site plan.

3.

Site plan approvals are applicable as follows:

a.

When no other approvals are required, the site plan approval must occur before a building permit is issued. If the Zoning Administrator approves the site plan subject to certain conditions, all plans and drawings to be submitted as part of the application for a building permit or zoning approval must be revised to include those conditions.

b.

When a conditional use approval is required, the site plan must be approved by Zoning Administrator prior to the hearing on the conditional use approval. The approved site plan would be forwarded with the application and the staff recommendation on the approval. The approving body can impose additional conditions on the site plan. If the Zoning Administrator approves the site plan subject to certain conditions, the site plan forwarded with the approval application must be revised to include those conditions.

c.

When a variance is required, the variance must be approved prior to final approval of the site plan. Once the variance is approved, the site plan may be submitted for review and approval. If the approving body imposed additional conditions as part of the variance approval, the site plan must include such conditions. If the Zoning Administrator approves the site plan subject to certain conditions, the site plan forwarded with the approval application must be revised to include those conditions and any conditions of the variance.

E.

Approval standards. The following will be evaluated in the review of site plans:

1.

Conformity with the regulations of this Ordinance, the Comprehensive Plan, and adopted land use policies.

2.

The location, arrangement, size, design, and general site compatibility of all structures, lighting, and signs to ensure:

a.

Efficient use of land that responds to the existing off-site utilities and service conditions in order to minimize the demand for additional municipal services, utilities, and infrastructure.

b.

Compatibility with and mitigation of any potential impact upon adjacent property.

c.

Lighting designed and installed to minimize adverse impact on adjacent properties.

d.

Signs in conformance with the Ordinance.

3.

Landscape and the arrangement of open space or natural features on the site should:

a.

Create a desirable and functional open space environment for all site users.

b.

Preserve unique natural resources, including measures to preserve and protect existing healthy plantings.

c.

Design drainage facilities to promote the use and preservation of natural watercourses and patterns of drainage.

d.

Utilize native and naturalized plant materials suitable to withstand the climatic conditions of the Village and microclimate of the site.

e.

Use of screening to minimize the impact of the development on adjacent uses and mitigate impacts between incompatible uses, creating a logical transition to adjoining lots and developments.

4.

Circulation systems and off-street parking designed to:

a.

Provide adequate and safe access to the site for motor vehicles as well as other modes of transportation, including pedestrians and bicyclists.

b.

Minimize potentially dangerous traffic movements.

c.

Minimize curb cuts, including the use of cross-access easements and shared parking.

d.

Clearly define a network of pedestrian connections in and between parking lots, street sidewalks, open spaces, and structures that is safe, visible, and identifiable.

F.

Modifications to approved site plans.

1.

An application for a modification to an approved site plan must be submitted to the Zoning Administrator. Modification applications must include a written description of the proposed change, including the reason for such change, and a notation of the location on the approved site plan.

2.

The Zoning Administrator may approve the following minor modifications to approved site plans. Only those elements of the site plan being modified need to be submitted for review.

a.

Minor changes required during construction, as related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation.

b.

Exterior renovations to a building facade when in conformance with the requirements of this Ordinance.

c.

The modification of existing accessory structures or the addition of new accessory structures when in conformance with the requirements of this Ordinance.

d.

The construction of additional bicycle or parking spaces.

e.

The addition of any open space.

f.

A reduction in the amount of bicycle or parking spaces so long as the remaining number of spaces is in conformance with the requirements of this Ordinance.

g.

Modifications to the approved landscape plan that does not result in a reduction of the total amount of plant material required and remains in conformance with all landscape requirements.

h.

The modification of existing signs or the addition of new signs when in conformance with the requirements of the Ordinance.

3.

Any modification not considered a minor modification requires resubmittal of a full site plan.

G.

Expiration. The site plan approval expires if a building permit has not been issued or construction has not begin within one year after the date of site plan approval. An extension of this one year validity period may be granted by the Zoning Administrator prior to the expiration date of the approval, if the applicant requests an extension in writing prior to the expiration date of the approval.

A.

Initiation. The Village Board, Planning Commission, or a property owner in the Village, or his/her designee, may request a zoning verification.

B.

Authority. The Zoning Administrator will review and make final decisions on written requests for zoning verifications.

C.

Procedure. The Zoning Administrator must review a written request for a verification and render the interpretation in writing within a reasonable time. The Zoning Administrator may request additional information prior to rendering a verification.

A.

Purpose. No sign, unless specifically identified as exempt by this Ordinance, may be erected, constructed, altered, or relocated without first obtaining approval of a sign permit in accordance with the following. A sign permit is intended to ensure that all signs are installed in compliance with this Ordinance.

B.

Authority. The Zoning Administrator issues sign permits.

C.

Application. A complete application for a sign permit is required and accompanied by all required submittals, unless waived by the Zoning Administrator. When a sign permit applicant proposes to install a sign on property not owned by the applicant, written permission from the property owner or his/her authorized agent must be submitted as part of the sign permit application.

D.

Process. Upon the filing of a complete application for a sign permit, the Zoning Administrator will examine the plans and specifications for the proposed sign and will issue a sign permit if the plans comply with the requirements of this Ordinance and other applicable codes and ordinances.

E.

Fees. All fees must be paid to receive a permit. No permit will be issued without full payment of required fees.

F.

Expiration. If the work authorized under a sign permit is not completed within one hundred eighty (180) days of issuance of the permit, unless the Zoning Administrator has allowed a longer time period of validity at the issuance of the sign permit, the sign permit expires and becomes null and void.

A.

Purpose. No building or addition may be occupied, and no land may be used for any purpose until a zoning certificate has been issued by the Zoning Administrator. No change in a use may be made until a zoning certificate states that the use complies with the provisions of this Ordinance and other codes and ordinances.

B.

Application. Every application for a building permit shall be deemed to be an application for a zoning certificate. Every application for a certificate of occupancy for a new use of land where no building permit o shall be deemed to be an application for a zoning certificate.

A.

Purpose. Zoning appeals provide a process to appeal a decision or ruling of the Zoning Administrator made in interpreting, applying, and/or enforcing the regulations contained in this Ordinance.

B.

Initiation. An appeal may be filed by any person, firm, or corporation aggrieved by said decision or ruling or by any either officer, department, board or commission of the Village. Appeals must be filed within forty-five (45) days of the decision or ruling of the Zoning Administrator.

C.

Authority. The Zoning Board of Appeals will hear and make decisions on zoning appeals.

D.

Procedure.

1.

After receipt of a complete application, the Zoning Board of Appeals will consider the proposed application at a public hearing. Notice for the public hearing must be provided in accordance with Section 9-14-2.

2.

The Zoning Board of Appeals must confirm or overturn the Zoning Administrator's decision within forty-five (45) days of the close of the public hearing.

3.

Any party in interest may appear and be heard at the hearing held pursuant to any such application for appeal, and such appearance may be made in person, by agent (if a corporation), or by attorney.

4.

In the hearing on such appeal, the Zoning Board of Appeals will consider all matters de novo.