A.   Place Of Filing: All applications filed pursuant to this zoning code shall be filed with the office of the village manager or with such other village official or body as the village manager may by administrative order designate.

   B.   Form; Number; Scale: All applications filed pursuant to this zoning code shall be on forms supplied by the village and shall be filed in such number of duplicate copies as the village manager may designate by administrative order. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of the contents of said plans and the proposal being made and shall be folded to a size of eight and one-half inches by fourteen inches (81/2" x 14").

   C.   Filing Deadlines:

      1.   Applications Requiring Public Hearings: An application requiring a public hearing will not be scheduled for such hearing unless filed, in proper form and number and containing all required information, not later than twelve o'clock (12:00) noon on the fourth Friday preceding the requested hearing date. An application so filed will be scheduled for hearing on the requested hearing date, or on the first available date thereafter open on the relevant hearing agenda, on a first filed, first scheduled basis.

      2.   Applications Not Requiring Public Hearing: An application that does not require a public hearing shall be filed, in proper form and number and containing all required information, at least twenty eight (28) days prior to the time when action on the application is requested. An application so filed will be processed on a first filed, first processed basis.

      3.   Supplemental Data: Whenever supplemental data in connection with a previously filed application is required by the village or offered by the applicant, it shall be submitted at least seven (7) days prior to the date on which it is to be considered at a hearing or a meeting or acted upon in connection with such application. The filing of such data shall, in the discretion of the village manager and of the body hearing the application, be cause to delay a requested or scheduled hearing date. (Ord., 10-2004)

   D.   Fees:

      1.   Fee Established; Lien: Every application filed pursuant to this zoning code shall be subject to an application and filing fee as established from time to time by the board of trustees, to recover the costs incurred by the village in processing such application. The owner of the property subject of the application and, if different, the applicant shall be jointly and severally liable for the payment of said fee. By signing the application, the owner shall be deemed to have agreed to pay such fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fee, plus the costs of collection, in the event such fee has not been properly paid as required with the filing of the application. Any lien filed pursuant to this subsection may be foreclosed in the manner provided by statute for mortgages or mechanics' liens.

      2.   Recoverable Costs: The costs incurred by the village in processing an application shall be deemed to consist of the following items of direct and indirect expense:

         a.   Legal publication; and

         b.   Recording secretarial services; and

         c.   Document preparation and review; and

         d.   Professional and technical consultant services; and

         e.   Legal review, consultation, and advice; and

         f.   Copy reproduction; and

         g.   Document recordation; and

         h.   Inspection fees. (Ord. 2015-3-050, 3-2-2015)

      3.   Condition Of All Applications, Approvals, And Permits; Time Periods: No application filed pursuant to this zoning code shall be considered complete unless and until all fees due pursuant to this subsection have been paid. Every approval granted and every permit issued pursuant to this zoning code, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of fees as required by this subsection.

When this zoning code provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, all time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run.

The failure to fully pay any such fee when due shall be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee relates.

      4.   Waiver For Specified Public Bodies: The provisions of this subsection D may be waived by the board of trustees for fees applicable to any application filed by any public body, or any agency deriving the majority of its revenues from taxes levied within the village, or any charitable or eleemosynary organization.

   E.   Minimum Data Requirements: Every application submitted pursuant to this zoning code shall contain such information as is required by the village from time to time. Application requirements shall be established by administrative order and shall be made available to all applicants in the office of the village manager.

   F.   Special Data Requests: In addition to the data and information required pursuant to subsection E of this section, every applicant shall submit such other and additional data, information, or documentation as the village manager or any board or commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

   G.   Waiver Of Application Requirements: Notwithstanding any other provision of this section, the village manager shall have the authority to waive any requirement set forth in subsection A, B, C, or E of this section when, in his or her judgment, such waiver is appropriate in light of the nature and extent of the relief being sought or in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome; provided, however, that no filing deadline shall be waived or adjusted by the village manager except on a showing by the applicant of a particular undue hardship caused by such deadline and provided further, however, that any board or commission before which such application may come shall continue to have the right to request additional information pursuant to subsection F of this section and to delay processing of such application until such information is provided and available in accordance with the deadlines established in subsection C of this section. The village manager shall provide, in writing, his or her reasons why any such requirement has been waived, and shall refer such writing to the appropriate boards and commissions.

   H.   Concurrent Applications: When a proposed use or development requires more than one approval pursuant to this zoning code, applications for all such approvals may be filed concurrently notwithstanding the fact that approval of one application may be a precondition to approval of other applications. Such applications may, in the discretion of the official, officials, body, or bodies charged with review of such applications be processed together; provided, however, that no application shall be approved unless all applications that are a precondition to its approval have first been approved.

   I.   Withdrawal Of Application: An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto, provided that the applicant shall have paid all applicable fees pursuant to subsection D of this section. Such withdrawal shall be without prejudice to the applicant's right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this zoning code in the same manner as any other new application. (Ord., 10-2004)

   A.   Second Applications Without New Grounds Barred: Whenever any application filed pursuant to this zoning code has been finally denied on its merits, a second application seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless in the opinion of the officer, board, or commission before which it is brought there is substantial new evidence available or a mistake of law or fact significantly affected the prior denial.

   B.   New Grounds To Be Stated: Any such second application shall include a detailed statement of the grounds justifying consideration of such application.

   C.   Summary Denial With Or Without Hearing: Any such second application may be denied by the village manager summarily, and without hearing, on a finding that no grounds appear that warrant a new hearing. In any case where such application is set for hearing, the applicant shall be required to establish grounds warranting reconsideration of the merits of its application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure.

   D.   Exception: Whether or not new grounds are stated, any such second application filed more than two (2) years after the final denial of a prior application shall be heard on the merits as though no prior application had been filed. The applicant, however, shall be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. In the absence of such evidence, it shall be presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the first application. (Ord., 10-2004)

   A.   Setting Hearing Or Meeting; Time Limitation: When the provisions of this zoning code require a public hearing or public meeting in connection with any application filed pursuant to this zoning code, the body charged with conducting the hearing or meeting shall, upon receipt of a properly completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting shall be commenced no later than sixty (60) days, and shall be concluded no later than one hundred twenty (120) days, following the submission of the subject application unless the applicant shall agree to an extension or unless the hearing or meeting agenda of the body is completely committed during that time. (Ord., 10-2004)

   B.   Notice:

      1.   Responsibility For Giving Notice: The village manager shall cause notice to be given of public hearings and public meetings as provided in subsections B3, B4a, B4b, and B5 of this section. The applicant shall cause notice to be given of public hearings as provided in subsection B4c of this section, unless otherwise determined by the village.

      2.   Content Of Notice: All notices shall include: a) the date, time, and place of the hearing or meeting, b) a description of the matter to be heard or, considered, c) the property index number (“PIN”) or numbers of all the parcels of real property contained in the area under consideration and d) the common street address or addresses or particular location of the subject property.

      3.   Notice From Manager For All Hearings And Meetings: The village manager must give notice of every hearing or meeting as follows:

         a.   To Applicant, Owner: By mail or personal delivery to the applicant and, if a specific parcel is the subject of the application, to the owner of the subject property.

         b.   Newspapers, Persons On File: By mail to any newspaper or person that shall have filed a written request, accompanied by an annual fee as established from time to time by the village manager to cover postage and handling, for notice of all hearings or meetings held pursuant to this zoning code. The written request shall automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date.

         c.   Within Village: By delivery to affected village boards, commissions, departments, officials, and consultants.

Notice by mail shall be mailed no fewer than seven (7) days in advance of the hearing or meeting date by regular United States mail.

      4.   Additional Notices For Amendments, Special Use Permits, And Variations: In addition to notice as required by subsection B3 of this section, notice of every public hearing on an application for an amendment to this zoning code or to the zoning map, a special use permit, or a variation must be given in the following manner:

         a.   Publication By Manager: The village manager must give notice by publication in a newspaper published in the village at least once no less than fifteen (15) days nor more than thirty (30) days in advance of the hearing date.

         b.   Posting On Subject Property By Manager: If a specific parcel is the subject of application, then the village manager shall give notice by posting a sign on the subject property. The sign must be at least six (6) square feet in area; must include the words "Zoning Application Pending" and a telephone number to be called for additional information; and must be posted on the property, facing the street, at least fifteen (15) days prior to the date set for a hearing on the application. The village manager shall remove the notice from the property only after the conclusion of the hearing.

         c.   To Taxpayers By Applicant: If a specific parcel is the subject of the application, the applicant must give notice by mail or personal delivery to all taxpayers of record of property within two hundred fifty feet (250') of the subject property, unless notified by the village as provided in the last two (2) sentences of this subsection B4c. Notice as required by this paragraph shall be given not less than fifteen (15) days nor more than thirty (30) days in advance of the hearing. Not less than seven (7) days before commencement of the hearing, the applicant must provide to the village: 1) a copy of the notice, 2) a list in Microsoft Excel or Word format of the names and addresses of every taxpayer of record to whom notice was given, and 3) a sworn statement of the applicant that notice was given as required by this paragraph.

The village, in its discretion, may determine that it, rather than the applicant, will give notice as required by this subsection B4c. In that case, the village shall advise the applicant in writing of that determination not less than thirty (30) days in advance of the date of the hearing.

      5.   Notice For Hearing On Official Comprehensive Plan: In addition to notice as required by subsection B3 of this section, the village manager shall cause notice of every public hearing in connection with the adoption or amendment of the official comprehensive plan to be given by publication in a newspaper of general circulation in Lake County at least fifteen (15) days before such hearing. (Ord. 2009-05-631, 5-4-2009)

   C.   Referral To Village Commissions And Departments:

      1.   Manager To Refer Applications: The village manager, not later than the time set pursuant to subsection B of this section for giving public notice, shall refer every application for which this zoning code requires a hearing before either the plan commission or the zoning board of appeals to all appropriate village commissions and departments.

      2.   Review And Comments: Each village commission and department to which an application is referred pursuant to this subsection shall review such application and submit its comments thereon to the staff secretary of the hearing body for presentation to that body at the hearing to be held on such application. Whenever possible, such comments shall be submitted at least two (2) business days prior to the date set for the hearing and shall be made available to any person on request prior to the hearing.

   D.   Conduct Of Hearings:

      1.   Rights Of All Persons: Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body may exclude irrelevant, immaterial, or unduly repetitious evidence. (Ord., 10-2004)

      2.   Rights Of Parties And Proximate Owners: Subject to the discretion of the hearing body, the applicant, any board, commission, department, or official of the village, and any property owner entitled to written notice pursuant to subsection B4c of this section may be allowed, in addition to the rights granted by subsection D1 of this section, any or all of the following rights: (Ord. 2009-05-631, 5-4-2009)

         a.   To present witnesses on their behalf.

         b.   To cross examine all witnesses testifying in opposition to their position.

         c.   To examine and reproduce any documents produced at the hearing.

         d.   To have subpoenas issued by the body in charge of the hearing as may be provided by state law for persons to appear at the hearings and for examination of documents by the person requesting the subpoena either before or during the hearing, where such persons or documents are shown to have a substantial evidentiary connection with:

            (1)   The property to which the request applies; or

            (2)   Facts that would support or negate the legal standards for granting the request.

         e.   To a continuance, on request, for the purpose of presenting evidence to rebut evidence introduced by any other person.

In determining whether to grant or withhold such rights, the discretion of the hearing body shall be governed by the goal of securing all information and opinion relevant and material to its deliberations. Such rights shall not be granted, however, when undue and unwarranted delay would result, or when to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.

      3.   Adjournment Of Hearing: The body conducting the hearing may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the hearing body may find to be sufficient. The staff secretary of the hearing body shall notify in writing all members of the hearing body, all parties to the hearing, and any other person designated on the vote of adjournment of the date, time, and place of the adjourned hearing.

      4.   Testimony To Be Sworn: All testimony at any hearing held pursuant to the provisions of this zoning code shall be given under oath.

      5.   Right To Submit Written Statements: Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard.

      6.   Board Or Commission Rules To Govern: All other matters pertaining to the conduct of hearings shall be governed by the provisions of this zoning code pertaining to, and the rules promulgated by, the body conducting the hearing.

   E.   Prehearing And Premeeting Examination And Copying Of Application And Other Documents: At any time after the giving of notice as required in subsection B of this section, and on reasonable request, any person may examine the application and, subject to the exceptions set forth in the Illinois freedom of information act, all other documents on file with the office of the village manager pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents on reasonable request and payment of a fee as established from time to time by the village manager to cover the cost of such copies.

(Ord., 10-2004; amd. Ord. 2023-10-529, 10-17-2023)