A.   The zoning board of appeals of the village shall hold the required public hearing(s) relative to proposed variation(s), appeal(s), conditional use permits, and amendments to these zoning regulations (other than relative to proposed planned developments), except where the proposed conditional use permit(s), variation(s), and/or the amendment(s) are part of or related to a request for a planned development.

   B.   The plan commission of the village shall hold the required public hearing(s) relative to proposed conditional use permit(s) for planned development(s) and relative to proposed variation(s) and/or proposed amendments to these zoning regulations which are part of or related to a request for a proposed conditional use permit for a planned development. (Ord. 2016-11-02, 11-9-2016)

   A.   Establishment And Purpose: The development and administration of these zoning regulations is based upon the division of the village into districts within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are certain conditional uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use of the particular location. The following process for consideration of an application for a conditional use permit (other than for a planned development) is hereby established to address these unique circumstances and to regulate these uses to protect the public health, safety and welfare.

   B.   Authority: The village board of trustees may, following review and recommendation by the zoning board of appeals, approve or deny by ordinance, or refer back to the zoning board of appeals for reconsideration or clarification, development proposals for uses listed as conditional uses within each zoning district in accordance with the procedures and standards set forth in this section and other regulations applicable to the district in which the subject property is located.

   C.   Parties Entitled To Seek A Conditional Use Permit: Parties entitled to apply for a conditional use permit shall be limited to the property owner, agent of the property owner, or the contract purchaser of subject property, acting with the consent of the property owner, or the village, or another unit of local government.

   D.   Procedures:

      1.   Application: Applications for a conditional use permit shall be submitted to the village on a form provided by the zoning official.

      2.   Action By Zoning Official: Upon receipt of a properly completed application for a conditional use permit, the zoning official shall prepare a staff report relative thereto and forward a copy of the application and submittals, together with this report to the zoning board of appeals for consideration and for the required public hearing thereon.

      3.   Action By Zoning Board Of Appeals:

         a.   The zoning board of appeals shall hold a duly noticed public hearing on the application for a conditional use permit in accordance with the requirements of this chapter. Notice of the public hearing shall be given in the manner prescribed by section 10-7-8 of this chapter.

         b.   Within thirty (30) days of the close of the public hearing, the zoning board of appeals will forward its written report thereon and/or its written recommendation of approval, approval with modifications, or disapproval of the proposed conditional use permit to the village board of trustees.

      4.   Action By Village Board Of Trustees:

         a.   The village board of trustees shall consider an application for a conditional use permit at a duly called public meeting of such village board following the receipt and consideration of the written report and/or recommendation of the zoning board of appeals.

         b.   If the application is approved or approved with modifications, the board of trustees shall approve the conditional use permit by adoption of an ordinance granting the requested conditional use, listing any specific conditions and/or restrictions specified by the board of trustees and/or by the zoning board of appeals. If the application is disapproved, the zoning official shall provide the applicant with written notification of the village board's decision.

   E.   General Standards For Conditional Use Permits: The granting of a conditional use permit is a matter of legislative discretion that is not controlled or determined by any one standard. An application for a conditional use permit generally will not be approved unless the application is determined to be in conformance with each of the following standards:

      1.   The proposed conditional use permit is, in fact, a conditional use listed and authorized in the zoning district regulations within which the property is located.

      2.   The proposed conditional use permit is consistent with the objectives of the village's comprehensive plan and this chapter.

      3.   The proposed conditional use permit is designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity.

      4.   The proposed conditional use permit will not significantly diminish the safety, use and enjoyment of surrounding property.

      5.   The proposed conditional use permit is adequately served by essential public facilities and services such as streets, police and fire service, drainage, refuse disposal, water and sewer, and schools, or the persons or agencies responsible for the establishment of the proposed conditional use permit shall provide adequately any such services.

      6.   The proposed conditional use permit does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic welfare of the community.

      7.   The proposed conditional use permit does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

      8.   The proposed conditional use permit provides vehicular access to the property designed that does not create an interference with traffic on surrounding public thoroughfares.

      9.   The proposed conditional use permit does not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.

      10.   The proposed conditional use permit complies with all additional regulations in this chapter specific to the conditional use permit requested.

Additionally, the following standards will be given consideration:

      1.   The existing uses and zoning of nearby property.

      2.   The extent to which property values are diminished by the particular zoning restrictions.

      3.   The extent to which limitation or destruction of property values of the petitioner promotes the general health, safety, and welfare.

      4.   The relative gain to the public as compared to the hardship imposed upon petitioner.

      5.   The suitability of the particular property for the purpose for which it is now zoned.

      6.   The length of time that the property has been vacant as zoned considered in the context of land developed in the area in which the property is located.

      7.   The care with which the community has undertaken to plan its land use development.

      8.   The evidence or lack of evidence of community need for the use proposed by the property owner.

   F.   Supplementary Safeguards And Conditions: The zoning board of appeals may recommend, and the village board of trustees may impose such conditions and restrictions upon the construction, location and operation of a conditional use permit as may be deemed necessary to promote the general objective of these zoning regulations and to minimize any injury to the value of property in the neighborhood. Such conditions shall be set forth expressly for reference in an ordinance approved by the board of trustees granting the conditional use permit, which ordinance shall run with title to the land and be recorded with the Lake County, Illinois, recorder of deeds by the village as a supplement to the deed for the subject property. The failure of the applicant, property owner, and/or its respective heirs, successors, and/or assigns to maintain timely and continued compliance with such conditions or restrictions as may have been imposed by village ordinance shall constitute grounds for the village's revocation of such conditional use permit.

   G.   No Presumption Of Approval: The listing of conditional use permits authorized within each zoning district does not constitute an assurance or presumption that such conditional uses will be approved by the village. Rather, each proposed conditional use permit shall be evaluated by the village on an individual basis, in relation to its compliance with the standards and conditions set forth in this section, and with the standards for the zoning district in which such conditional use is proposed to be located, in order to determine whether approval of the conditional use permit is appropriate at the particular location and in the particular manner proposed.

   H.   Limitation On Conditional Uses:

      1.   A conditional use permit shall automatically become null and void unless a building permit therefor is issued by the village and construction thereon has commenced within one year of issuance of the required building permit and construction and/or implementation thereof is thereafter diligently pursued to completion. However, the village board of trustees, at its discretion, may extend the aforesaid one year period for good cause shown to a mutually agreed upon time.

      2.   A conditional use permit authorizes the establishment and operation of the conditional use only on the property represented in the application therefor and is not transferable to other properties.

   I.   Effect Of Approval: The approval of a conditional use permit application by the village board of trustees shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required by the regulations of the village including, but not limited to, a zoning certificate and a building permit. (Ord. 2016-11-02, 11-9-2016)

Planned developments are a type of conditional use, but applications for same will be considered by the village in accordance with chapter 9 of this title. (Ord. 2016-11-02, 11-9-2016)

   A.   Establishment And Purpose: A process for the village's consideration of a request for variation(s) is hereby established to provide a means by which a property owner or other interested party may request and may be granted relief from the application of certain provisions of these zoning regulations that create practical difficulties or particular hardships relative to a particular property. When considering a request for relief from such practical difficulties or particular hardships relative to a specific property, the village may determine that, in some cases, there may be a more appropriate remedy for the requested relief provided for in this chapter, rather than approval of a variation.

   B.   Authority: In accordance with the procedures and standards set out in this section, the village board of trustees, following the recommendation of the zoning board of appeals, shall have the authority to grant variations from the provisions of the village's zoning regulations, but only in accordance with each of the standards enumerated in this section.

   C.   Parties Entitled To Seek Variations: An application for a variation may be filed by the property owner, agent of the property owner, or the contract purchaser of the subject property, with the consent of the property owner.

   D.   Procedures:

      1.   Application: Applications for a variation shall be submitted to the village on a form provided by the zoning official.

      2.   Action By Zoning Official: Upon receipt of a properly completed application for a variation, the zoning official shall review the application and forward a copy of the application and submittals, together with a staff report relative thereto, to the zoning board of appeals for consideration and for the required public hearing thereon.

      3.   Action By Zoning Board Of Appeals:

         a.   The zoning board of appeals shall hold a duly noticed public hearing on the application in accordance with the requirements of this chapter, and notice for the public hearing shall be given in the manner prescribed by section 10-7-8 of this chapter.

         b.   Within thirty (30) days of the close of the public hearing, the zoning board of appeals will forward its written report thereon and/or its written recommendation of approval, approval with modifications, or disapproval of the proposed variation to the village board of trustees.

      4.   Action By Village Board Of Trustees:

         a.   The village board of trustees shall consider an application for a variation at a duly called public meeting of such village board following the receipt and consideration of the written report and/or recommendation of the zoning board of appeals.

         b.   If the application for a variation is approved or approved with modifications, the board of trustees shall approve the variation by ordinance, listing any specific conditions and/or restrictions specified by the zoning board of appeals and/or by the board of trustees. If the application for a variation is disapproved, the zoning official shall provide the applicant with written notification of the village board's decision.

   E.   Findings Of Fact For Variations: A variation from the provisions of these zoning regulations shall not be granted unless the zoning board of appeals and/or the village board, as the case may be, makes specific written findings of fact directly based on the standards and conditions imposed by this section and any conditions imposed by the reviewing authority.

      1.   Practical Difficulty: No variation shall be granted unless the applicant shall establish that carrying out the strict letter of the provisions of these zoning regulations would create a particular hardship or a practical difficulty.

      2.   Unique Physical Condition: The subject property is exceptional as compared to other properties subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming, irregular or substandard shape or size, exceptional topographical features, or other extraordinary physical conditions peculiar to, and inherent in, the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the property rather than the personal situation of the current owner of the property.

      3.   Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner and existed at the time of the enactment of the provisions from which a variation is sought or was created by natural forces or was the result of governmental action, other than the adoption of these zoning regulations.

      4.   Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other properties subject to the same provision.

      5.   Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject property.

      6.   Ordinance And Plan Purposes: The variation would not result in a use or development of the subject property that would not be in harmony with the general and specific purposes for which this chapter, and the provision from which a variation is sought, were enacted or the general purpose and intent of the comprehensive plan.

      7.   No Other Remedy: There is no means other than the requested variation by which the alleged hardship or practical difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.

      8.   Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or practical difficulty presented by the strict application of this chapter.

      9.   Other Required Findings: In considering all proposed variations from the zoning regulations, the zoning board of appeals and/or the board of trustees, as the case may be, will also, before recommending the approval of or granting any variation from the provisions of these zoning regulations in a specific case, determine and make findings of fact that the following conditions have been met:

         a.   The variation will not impair an adequate supply of light and air to adjacent property.

         b.   The variation will not unreasonably increase the congestion in public streets.

         c.   The variation will not increase the danger of fire or endanger the public safety.

         d.   The variation will not unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the inhabitants of the village.

         e.   The variation will not permit a use otherwise excluded from the particular zone in which requested.

         f.   Special circumstances or conditions such as exceptional narrowness, topography or siting, fully described in the report of the zoning board, apply to the land for which the variation is sought, and that those conditions do not apply generally in the applicable zoning district.

         g.   The special circumstances or conditions of the variation have not resulted from any act of the applicant subsequent to the adoption of these zoning regulations, whether or not in violation of the provisions thereof.

   F.   Variation(s) Less Than Requested: The zoning board of appeals may recommend, and the village board of trustees may grant, variation(s) less than, or different from, that requested when the record supports the applicant's right to some relief but not to the entire relief requested.

   G.   Conditions On Variation(s): The zoning board of appeals may recommend and the board of trustees may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of these zoning regulations upon any lot benefited by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject lot or upon public facilities and services. Such conditions shall be expressly set forth in the ordinance passed by the board of trustees granting the variation. Violation of any such condition and/or limitation shall be a violation of these zoning regulations and of the ordinance granting the variation and shall constitute grounds for the revocation or suspension of the variation.

   H.   Effect Of Grant Of A Variation: The grant of a variation shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by these zoning regulations or other ordinances of the village.

   I.   Limitations On Variations:

      1.   Automatic Expiration: An approved variation shall automatically expire unless a building permit is issued and construction on the property which is the subject of the approved variation has commenced within one year of issuance of the building permit therefor. However, the board of trustees may extend the one year period to a mutually agreed upon time.

      2.   Project Scope: A variation shall be deemed to authorize only the particular project for which it was issued and shall automatically be suspended or revoked and cease to be of any force or effect if such construction or development of the project is beyond the scope authorized by the approved variation.

      3.   Hearing Required: No variation shall be granted by the board of trustees in any specific case without first having held a duly noticed hearing before the zoning board of appeals as required herein or without a report and/or recommendation from the zoning board relative thereto having been submitted to the board of trustees.

      4.   Decision: Upon receipt of the report and/or recommendation of the zoning board of appeals and without further public hearing, the board of trustees, at a duly called public meeting, may approve or deny by ordinance any proposed variation or may refer the report back to the zoning board for further consideration. Any proposed variation which fails to receive approval of four (4) members of the zoning board shall not be passed except by the favorable vote of two-thirds (2/3) of all the trustees of the village.

      5.   One Year Limitation:

         a.   No variation permitting the construction or alteration of a building shall be valid for a period longer than one year, unless a building permit for such construction or alteration is issued by the village and construction thereon is commenced and diligently proceeds to completion in accordance with the terms of such permit.

         b.   No variation permitting a use of a building or premises shall be valid for a period of longer than one year, unless such use is established within such one year period; provided, however, that where such use is dependent upon the construction or alteration of a building, such variation shall continue in full force and effect if a building permit for said construction or alteration is obtained within such one year period and work thereon is commenced and diligently proceeds to completion in accordance with the terms of such permit.

      6.   Powers: Nothing herein contained shall be construed to give or grant to the zoning board the power or authority to alter or change these zoning regulations or any use district made a part of the zoning map, or to grant variations, such power and authority being reserved to the village board of trustees, and the zoning board of appeals shall not have any power or authority with respect to any alterations or change of these zoning regulations except to make recommendations to the board of trustees in such specific cases as may properly come before the zoning board. (Ord. 2016-11-02, 11-9-2016)

   A.   Establishment And Purpose: The process of appeals of the decisions of the zoning official or of the building inspector is hereby established to provide appropriate checks and balances on administrative authority.

   B.   Authority: The zoning board of appeals shall hear and make final decisions on applications for appeals of administrative decisions made by the zoning official or by the building inspector.

   C.   Application: Applications for an appeal shall be filed on forms provided by the zoning official. Submission materials shall conform to the requirements of such application and Illinois statutes. A copy of the application for appeal and all supporting submission materials shall be forwarded to both the zoning official and to the zoning board of appeals for review.

   D.   Decisions On Appeals: The zoning board of appeals shall hear and make a final decision on an appeal of administrative decisions made by the zoning official or by the building inspector at its next available, regularly scheduled meeting. The concurring vote of four (4) members of the zoning board of appeals shall be necessary either to reverse any order, requirement, decision or determination of the zoning official or of the building inspector or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render decisions.

   E.   Limitations On Appeals: An application for appeal of a decision by the zoning official or by the building inspector must be filed not later than forty five (45) days after the decision being appealed has been rendered. (Ord. 2016-11-02, 11-9-2016)

   A.   Establishment And Purpose: The process of amending both the zoning map and the text of these zoning regulations, is hereby established, the purpose of which process is to amend these zoning regulations and make adjustments to the village's zoning map in response to 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.   Authority And Execution: The board of trustees, after receiving a report and/or recommendation by the zoning board of appeals or by the plan commission, as the case may be, shall take formal action on requests for amendments.

   C.   Procedures:

      1.   Application: Applications for amendments shall be submitted to the village on forms provided by the zoning official.

      2.   Action By Zoning Official: Upon receipt of a properly completed application, the zoning official shall review the application and forward a copy of the completed application and any submittals relative thereto, together with a staff report to the plan commission or to the zoning board of appeals, as the case may be, as provided by section 10-7-1 of this chapter for consideration and for the required public hearing thereon.

      3.   Action By Plan Commission Or Zoning Board Of Appeals:

         a.   The plan commission and/or zoning board of appeals shall hold a public hearing on the application in accordance with the requirements of this chapter, and notice for the public hearing shall be given in the manner prescribed by section 10-7-8 of this chapter.

         b.   Within thirty (30) days of the close of the public hearing, the plan commission or the zoning board of appeals shall forward its written report and/or recommendation of approval, approval with modifications, or disapproval to the village board of trustees.

      4.   Action By Village Board Of Trustees:

         a.   The village board of trustees shall consider the application for amendments to these zoning regulations and/or the village's zoning map at a duly called public meeting. For requests for text amendments, the action taken by the board of trustees may take the form of denial, approval, or approval with modifications. For requests for map amendments, the action taken by the board of trustees may take the form of denial, approval, or approval with modifications.

         b.   In the case of denials, the board of trustees shall instruct the zoning official to prepare a letter of denial to formally communicate the formal action to the petitioner. In the case of approval or approval with modifications, the board of trustees shall approve an ordinance to amend these zoning regulations and/or the village's zoning map accordingly.

   D.   Standards: Approval by the board of trustees of any amendment, whether to the text of these zoning regulations or to the village's official zoning map, which is part thereof, is a matter of legislative discretion that is not controlled or determined by any one standard. However, in making its decision, the board of trustees may consider the following factors:

      1.   Comprehensive Plan: The extent to which the proposed amendment is consistent with the goals, objectives and policies of the village's comprehensive plan (text and map amendments).

      2.   Surrounding Area: The extent to which the proposed amendment fosters harmony and consistency of character in the surrounding area (map amendments).

      3.   Adjacent Properties: The extent to which the proposed amendment adversely impacts adjacent properties (map amendments).

      4.   Future Development: The potential effect of the proposed amendment on the character of future development if applied generally to other uses in the zoning district or within the village as a whole (text amendments).

      5.   Nonconformities: The extent to which the proposed amendment creates nonconformities (text amendments).

      6.   Public Facilities And Services: The adequacy of public facilities and services to serve the subject property including, but not limited to, streets, utilities, parks, and police and fire service (map amendments).

      7.   Zoning Regulations: The extent to which the proposed text amendment is consistent with the overall structure and organization of these zoning regulations.

      8.   Retail Sales Tax: The extent to which the proposed text and/or zoning map amendment, if found to be consistent with the goals, objectives and policies of the village's comprehensive plan, will also further the village's specific goal of maintaining and/or increasing the retail sales tax base of the village.

      9.   Standards For Amendment(s): A proposed amendment shall be considered on its own merits using the following criteria as a guide:

         a.   Text And/Or Map Amendment: The following conditions shall be met for all amendments:

            (1)   The proposed amendment shall correct an error or meet the challenge of some changing condition in the area and the zones affected;

            (2)   The proposed amendment shall be consistent with the intent of this zoning ordinance and with its various provisions;

            (3)   The proposed amendment shall not be detrimental to the development of the village;

            (4)   The proposed amendments meet the challenge of changing conditions in the area and the zoning districts affected;

            (5)   The proposed amendments are consistent with the intent of the zoning ordinance and with its various provisions;

            (6)   The proposed amendments will not be detrimental to the development of the village; and

            (7)   The proposed amendments are consistent with the village's official comprehensive plan and the official land use map which is part thereof.

         b.   Map Amendment: In addition to the above conditions, the following shall be met for all map changes:

            (1)   Every use permitted under the new classification must be a suitable use for the further development of the area in the vicinity of the rezoning, and must be compatible with uses already developed in the vicinity; and

            (2)   Adequate public facilities, sewer and water lines and other needed services or facilities must exist or must be capable of being provided prior to the development of the uses which would be permitted on the property if it were reclassified.

   E.   Parties Entitled To Seek Amendments: Parties entitled to apply for amendments shall be limited to the property owner, agent of the property owner, or the contract purchaser of the subject property, acting with the consent of the property owner, or the village, or any other unit of local government. (Ord. 2016-11-02, 11-9-2016)

All petitioners are required to pay and shall submit to the village with each application for zoning relief all applicable fees which shall be collected by the zoning officer, or his designee, who shall provide a written account for them to the village board.

   A.   Fees Payable: Any person or entity submitting a request or application for any conditional use permit, variation, appeal, or for any zoning map amendment (rezoning) or text amendment(s) pursuant to the Lake Villa zoning regulations shall pay the non-refundable fees as specified from time to time in Section 1-18-1 of this Village Code upon submitting said request or application.

      2.   Fees For Parcel(s) Exceeding Five Acres: Where the change(s) requested involves parcel(s) equaling or exceeding five (5) acres in size, the non- refundable fees to be paid at the time of submission of an application for zoning relief shall be a percentage of those amounts as specified from time to time in Section 1-18-1 of this Village Code.

      3.   Fees For An Application For A Conditional Use Permit, Including Planned Developments: The non-refundable fee(s) for application for a Conditional Use Permit which includes a Planned Development shall be as specified from time to time in Section 1-18-1 of this Village Code.

      4.   Request For Variation: Where the request is for a variation from these zoning regulations, the non-refundable fees for the review of a request for variation shall be as specified from time to time in Section 1-18-1 of this Village Code. Where a republication of a legal notice is required relative to the petitioner's request, an additional non-refundable fee as specified from time to time in Section 1-18-1 of this Village Code shall be charged and the petitioner shall also be required to reimburse the village for the actual cost of publication of the related legal notice incurred by the village for such republication. The non-refundable fee to be paid for an appeal from a decision by the zoning official or by the building inspector shall be as specified from time to time in Section 1-18-1 of this Village Code. The issuance of use permits and the issuance of certificates of zoning compliance shall each call for a payment of a non-refundable fee as specified from time to time in Section 1-18-1 of this Village Code. A petition seeking a rehearing on a petition, which has been rejected by action of the zoning board of appeals and/or the village board within six (6) months from the date of rejection, shall require the petitioner's payment of a non-refundable fee to be paid to the village engineer as specified from time to time in Section 1-18-1 of this Village Code.

      5.   Request for Text Amendment: The non-refundable fee for a request for a text amendment shall be as specified from time to time in Section 1-18-1 of this Village Code. If the request is coupled with a request for rezoning and/or a conditional or special use (i.e., an amendment to the village's zoning map), only one non-refundable fee as specified from time to time in Section 1-18-1 of this Village Code shall be charged for both requests, which non- refundable fee shall be as specified from time to time in Section 1-18-1 of this Village Code, or the non-refundable fee as specified from time to time in Section 1-18-1 of this Village Code for the other request, whichever sum is greater.

      6.   Annexations: Fees for annexations shall be as specified from time to time in Section 1-18-1 of this Village Code.

      7.   Additional Fees: Additional fees for any zoning relief, including, but not limited to, zoning text amendments, conditional use permits, variations, appeals and for petitions for annexation, may be established by resolution or ordinance approved by the village treasurer from time to time as specified from time to time in Section 1-18-1 of this Village Code. (Ord. 2016-11-02, 11-9-2016; amd. Ord. 2024-12-03, 12-2-2024)

   A.   Hearing Notice To Be Published: The board of trustees shall have the authority to determine and approve zoning text amendments, zoning map amendments, variations, and conditional use permits which authority shall be exercised only by the adoption of an ordinance relative thereto by the board of trustees. Zoning map amendments, zoning text amendments, variations, and conditional use permits shall be granted by the village board and shall be specific to a property and then only after a public hearing before the zoning board of appeals or before the plan commission, as the case may be, as provided by section 10-7-1 of this chapter. Neither the zoning board nor the plan commission shall make any recommendation relative to any variation, conditional use permit, any zoning map amendment, or zoning text amendment except after either body has conducted a public hearing thereon. A notice of the time and place of such public hearing shall be published at least once, not more than thirty (30) days, nor less than fifteen (15) days, prior to the date of the hearing in a newspaper circulated in the village or, if no newspaper is circulated therein, then in one or more newspapers of general circulation within the village. Such notice shall also contain the address or location of the property for which the zoning map amendment, variation, and/or conditional use permit is sought, as well as a brief description of the nature of the request.

   B.   Hearing Notice To Be Mailed: The petitioner(s) for any zoning variation(s), and/or any conditional use permit(s), including any conditional use for a planned development, shall file with the village clerk an affidavit identifying the owners of all property, whether under the jurisdiction of a municipality or within an unincorporated area, within five hundred feet (500') in each direction from all points on the perimeter of the property which is the subject of their petition (and the respective permanent index numbers of such properties), and said affidavit shall in any event include at least the six (6) nearest property owners (and the respective permanent index numbers of such properties) within the village; provided, however, that for the purpose of this subsection, ownership may be determined on the basis of the last available tax records of the county. The petitioner(s) shall also provide to the village clerk, along with the required affidavit, prestamped envelopes (without any return address) addressed to each owner listed on such affidavit and, in addition, the petitioner(s) shall also provide two (2) copies of all of the tax map(s) covering all permanent index numbers listed on such affidavit in the same scale as maintained by the Lake County clerk's map department. The village clerk will send written notice by U.S. mail, at the petitioner's expense, not less than fifteen (15) days prior to the initial date of the public hearing thereon, to those persons identified in said affidavit.

   C.   Hearing Notification Signs To Be Posted:

      1.   Signs To Be Posted: In addition to any other notice that may be required by this section, for any zoning map amendment, variation(s), and/or any conditional use permit, the village will be responsible for causing signs to be prepared and posted on the subject property informing the general public of the date of the initial public hearing thereon. The required sign(s) shall be provided by the village clerk for this purpose, and the cost of such signage and the posting thereof will be at the petitioner's sole cost and expense.

      2.   Content Of Each Sign: Each sign shall contain the following information with all required lettering a minimum of two inches (2") in height:

      3.   Size: Each sign shall have at least one display surface which shall have a minimum dimension of four feet (4') in height and four feet (4') in width.

      4.   Placement Of Signs: One public hearing notification sign shall be posted on the subject property at a location oriented to and readable from the nearest adjacent roadway. However, additional signs shall be required where a parcel abuts two (2) or more roadways, and in such cases, one such sign shall be oriented to and shall be readable from each abutting roadway. Such signs must be constructed of materials which will withstand existing area weather conditions.

      5.   Duration; Removal: Public hearing notification signs must be posted not less than fifteen (15) days prior to the initial date of the scheduled public hearing on the petition or application, and may not be removed by the village or by the petitioner(s) until after the initial date of the scheduled public hearing on the petition or application.

      6.   Reimbursement: Prior to the initial date of the scheduled public hearing on the petition or application, the petitioner(s) shall reimburse the village for the actual out of pocket expenses incurred or to be incurred by the village for the fabrication, erection, and removal of the sign or signs required by this section. The petitioner(s) shall also post a two hundred dollar ($200.00) bond per sign with the village for use of the required signs. Said bond shall be refunded to the petitioner upon return of the sign within ten (10) days following the conclusion of the hearing for which the sign was posted. In the event that the sign is not returned to the village within ten (10) days of the completion of the scheduled hearing for which the sign was posted, the two hundred dollar ($200.00) bond shall be forfeited with the fee applying to the cost of replacement of such sign.

      7.   Rules: The village clerk is authorized and empowered to establish such reasonable rules and regulations governing the posting of notification signs not inconsistent with the provisions of this section to carry out the intent of this section to provide notice of proposed hearings which rules may be necessary due to unique characteristics of the subject property or application.

      8.   Failure To Comply: Any failure to comply with the notice provisions of subsection B of this section and/or this subsection C shall not invalidate any action taken by the zoning board of appeals, the plan commission, or by the board of trustees on any such petition or application. (Ord. 2016-11-02, 11-9-2016)