Except as otherwise provided in this chapter, the requirements of this section shall apply to all applications submitted under the provisions of this chapter except appeals, including applications for:

   (A)   Conditional uses;

   (B)   Temporary uses;

   (C)   Planned Unit Development preliminary plans;

   (D)   Planned Unit Development final plans;

   (E)   Variances;

   (F)   Sign permits; and

   (G)   Zoning amendments.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

   Except in the case of a zoning action proposed by the President and Board of Trustees or a board or commission of the village, any party requesting any village action to which this section applies shall file an application on a form provided therefor by the Village Clerk. Every such application shall include a minimum the applicable items provided in Table 1.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

   (A)   The approval process shall apply to all applications except:

      (1)   Administrative variations;

      (2)   Appeals;

      (3)   Conditional use waiver;

      (4)   Sign permits; and

      (5)   Temporary uses.

   (B)   The approval process for the excepted applications shall be as provided in the applicable sections of this chapter.

      (1)   The Zoning Administrator may, together with other departments, consultants, and officials of the village, prepare a written review of the application. Such review shall be forwarded to the Planning and Zoning Commission before the scheduled public hearing date.

      (2)   The staff may advise and assist the applicant in meeting ordinance requirements but shall have no power to approve or disapprove any filing or in any way restrict the applicant’s right to seek formal approval thereof.

   (E)   Public hearing process (filings requiring hearings only). For any action that requires a public hearing, the provisions in this section shall be complied with. Applications that require a public hearing are amendments (rezonings), variances and conditional uses, including Planned Unit Developments preliminary plans but not Planned Unit Development final plans.

         (a)   Upon receipt of a complete and accurate application for a zoning action requiring a public hearing, the Village Clerk shall establish a date for a public hearing and transmit the application to the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. No public hearing shall be held in the absence of a quorum, which shall consist of five members of the Commission.

         (b)   As provided in state statute, applicants for variances and conditional uses shall have the right to have subpoenas issued by the village for persons or documents, to present witnesses, and to cross-examine all witnesses testifying at the public hearing.

         (c)   The Chairman or Acting Chairman may compel the attendance of witnesses. All testimony by witnesses shall be given under oath administered by the Chairman or Acting Chairman.

         (a)   Within 30 days after the close of the public hearing, the Planning and Zoning Commission shall transmit to the Village Board written findings of fact pertaining to the approval criteria provided in this section for the applicable zoning action together with a recommendation for action, passed by a majority vote of its members, and any conditions or restrictions to which the Commission recommends the action be made subject. The report shall include the roll call vote for the Board on the recommendation.

         (b)   The Planning and Zoning Commission may not defer voting on any petition for more than one meeting unless the petitioner approves any further postponement.

         (c)   In case of an application requiring a public hearing, the Planning and Zoning Commission’s recommendation may include any modification of normal requirements that is authorized by this chapter.

      (1)   The President and Board of Trustees shall not act upon any application requiring a public hearing until either it has received a report thereupon from the Planning and Zoning Commission or until 30 days have elapsed from the close of the public hearing thereupon.

      (2)   The President and Board of Trustees shall not approve any application unless it finds that the zoning action applied for meets applicable criteria for approval provided in this section. In the case of a variance, a vote of two-thirds of all Trustees shall be required to approve any application not approved by the Planning and Zoning Commission. In all other cases, the concurrence of a majority of the President and Board of Trustees, shall be required.

      (3)   In case of a conditional use, Planned Unit Development, or variance, the President and Board of Trustees may make its approval subject to any conditions or restrictions it finds necessary to assure compatibility with the vicinity of the subject property. The President and Board of Trustees may also set time limits within which such conditions or restrictions must be complied with.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-06, passed 3-5-2019)

   (A)   All applications shall be accomplished by a filing fee. A deposit toward the costs of any retained personnel necessary for the processing of the application, such as consulting engineering services, consulting planning services, legal services or court reporter services shall also be paid except for applications for:

      (1)   Minor variances;

      (2)   Temporary uses;

      (3)   Appeals; and

      (4)   Sign permits.

   (B)   The deposit shall be credited against the expense to the village of such personnel, which shall be fully charged to the applicant. Any portion of the deposit not need to pay such expense shall be refunded without interest to the applicant within 30 days of final action on the application.

   (C)   The amounts of such filing fees and deposits shall be as determined from time to time by the President and Board of Trustees. A schedule of current fees and deposit requirements shall be made available in the offices of the Village Clerk and the Zoning Administrator.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

   (A)   The party signing the application shall be considered the applicant.

   (B)   An applicant must be the fee owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee.

      (1)   Applicant is not fee owner.

         (a)   If the applicant is not the fee owner of the record of the subject property, the application shall disclose the legal capacity of the applicant and the full names, addresses, and telephone numbers of all owners.

         (b)   In addition, an affidavit of the fee owner or owners shall be filed with the application stating that the applicant has authority from the owner to make the application.

      (2)   Applicant of fee owner is corporation or partnership. If the applicant, fee owner, contract purchaser, option holder or any beneficiary of a land trust is a corporation, the application shall disclose the names and addressed of the corporation’s officers, directors, and registered agents, or the partnership’s general partners and those shareholders or limited partners owning in excess of 5% of the outstanding stock or interest in the corporation or interest shared by the limited partners.

      (3)   Applicant or owner is a land trust.

         (a)   If the applicant or fee owner is a land trust or other trust or trustee thereof, the full name, address, telephone number and extent of interest of each beneficiary must be disclosed in the application.

         (b)   Disclosure of the present ownership interests shall be accompanied by a statement by the applicant of proposed ownership of all land. In the event of a change in ownership between the time the application is filed and the time of the public hearing, such change shall be disclosed by affidavit no later than the time of the hearing.

         (c)   For any application for a sign permit, the application shall disclose the ownership of the sign and the ownership or management of the premises on which it is to be displayed. For an application for either a sign permit or a temporary use permit, the application shall include the written permission of the owner or manager of the premises on which the sign or temporary use permit, the application shall include the written permission of the owner or manager of the premises on which the sign or temporary use is to be located. A manager providing such permission shall furnish satisfactory evidence of his or her authority to act on behalf of the owner.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

   (A)   Except as otherwise provided in this chapter, an applicant for any action that requires a public hearing must provide public notice of such hearing. Zoning actions that require a public hearing are:

      (1)   Amendments (rezonings);

      (2)   Variances; and

      (3)   Conditional uses, including Planned Unit Development preliminary plans but not Planned Unit Development final plans.

   (B)   The required notice shall consist of the following actions:

      (1)   Sign display.

         (a)   Except in the case of applications for minor variances, the applicant shall post a sign in the front yard of the affected property, facing and visible from a public street and no further than 30 feet from the right-of-way line.

         (b)   The sign shall conform to such requirements as to copy, size of lettering and other items as may be established by the President and Board of Trustees.

         (c)   The sign shall be erected no less than 15 days prior to the date of the scheduled public hearing and remain continuously in place until the public hearing is concluded but no more than ten days thereafter.

         (d)   No posting of a sign shall be required if the applicant is the village, the zoning action pertains to property not owned by the village and the property owner does not consent to the erection of a sign giving notice of the action.

      (2)   Written notification.

         (a)   Except in the case of applications for minor variances, the applicant shall also provide written notice of the public hearing to the owners of record of each parcel of real estate abutting or across a street or alley from any boundary of the property affected by the application.

         (b)   The owners of record for this purpose shall be considered those appearing on the records of the County Recorder of Deeds or those who paid property taxes for the most recent year according to the records of the County Collector.

         (c)   The written notice shall be delivered in person or by certified mail, return receipt requested, not more than 30 nor less than 15 days prior to the scheduled date of the public hearing.

         (d)   The written notice shall be substantially in the form of notice provided by the Village Clerk. It shall contain:

            1.   The name and address of the owner and the applicant, if different from the owner;

            2.   The street address, legal description, and a simple description of the location of the subject property that will enable the ordinary reader to accurately locate it;

            3.   The zoning action requested; and

            4.   The date, time and location of the public hearing thereupon.

      (3)   Newspaper publication.

         (a)   The applicant shall publish a notice of the public hearing. This requirement shall apply to all applications, including those for minor variances.

         (b)   The notice shall be published in a newspaper of general circulation in the village at least 15 days but no more than 30 days before the scheduled date of the hearing. The published notice shall contain the same information as is required for written notification in this section.

         (c)   If a board or commission of the village or the President and Board of Trustees proposes an amendments, the village shall be responsible for meeting this requirement.

      (4)   Evidence of compliance. No later than the time of the public hearing, the applicant shall file with the Village Clerk or the Planning and Zoning Commission:

         (a)   An affidavit stating that he or she has complied with all notice requirements in this section;

         (b)   A copy of the written notice sent;

         (c)   A list of names and addresses of all owners of record of property abutting the subject parcel; and

         (d)   A publisher’s certificate of publication of the required notice.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

 

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-06, passed 3-5-2019)