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

   A.   Conditional uses;

   B.   Temporary uses;

   C.   Integrated Design District preliminary plans;

   D.   Integrated Design District final plans;

   E.   Variances and use variances;

   F.   Sign permits;

   G.   Zoning amendments;

   H.   Planned Unit Development preliminary plans; and

   I.   Planned Unit Development final plans.

(Ord. 86-382, 12-22-1986; amd. Ord. 22-26, 4-5-2022)

Except in the case of a zoning action proposed by the City Council or a board or commission of the City, any party requesting any City action to which this section applies shall file an application on a form provided therefor by the City Clerk. Every such application shall include as a minimum the applicable items provided in section 11-4-7, table 1 of this chapter.

(Ord. 86-382, 12-22-1986)

   A.   Excepted Applications:

      1.   The approval process herein shall apply to all applications except:

         a.   Appeals;

         b.   Sign permits; and

         c.   Temporary uses.

      2.   The approval process for the excepted applications shall be as provided in the applicable sections of this title.

   B.   Staff Review: The Zoning Administrator may, together with other departments, consultants and officials of the City, prepare a written review of the application. Such review shall be forwarded to the Planning and Zoning Commission no later than seven (7) days before the scheduled public hearing date.

   C.   Public Hearing Process (Filings Requiring Hearings Only): For any action that requires a public hearing, the provisions herein shall be complied with. Applications that require a public hearing are:

      1.   Amendments (rezonings).

      2.   Variances.

      3.   Conditional uses, including Integrated Design District preliminary plans and final plans, and Planned Unit Development preliminary and final plans.

   D.   Public Notice: The applicant shall comply with the requirements for public notice as provided in section 11-4-6 of this chapter for any zoning action that requires a public hearing.

   E.   Notification To Petitioner By Objectors: Any attorney employed by any objector to any petition requiring a public hearing shall notify the petitioner that he or she has been so retained and will file an objection at the hearing. Such notice shall be delivered no later than four (4) days before the scheduled date of the hearing. If such notice has not been given, and the petitioner so requests, the Planning and Zoning Commission may reschedule the hearing.

   F.   Public Hearing:

      1.   Upon receipt of a complete and accurate application for a zoning action requiring a public hearing, the City 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 four (4) members of the commission.

      2.   As provided in State Statute, applicants for variances and conditional uses shall have the right to have subpoenas issued by the City for persons or documents, to present witnesses, and to cross examine all witnesses testifying at the public hearing.

      3.   The Chairperson or acting Chairperson may compel the attendance of witnesses. All testimony by witnesses shall be given under oath administered by the Chairperson or acting Chairperson.

   G.   Planning And Zoning Commission Action:

      1.   Within sixty (60) days after the close of the public hearing, the Planning and Zoning Commission shall transmit to the City Council written findings of fact pertaining to the approval criteria provided herein 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 of the board on the recommendation.

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

      3.   In the case of an application for a variance or an Integrated Design District, the commission’s recommendation may include any modification of normal requirements that is authorized by this title.

   H.   Mailing Of Planning And Zoning Commission Report: The Zoning Administrator shall mail a copy of the report of the Planning and Zoning Commission to the petitioner and to representatives of any objectors not less than five (5) days prior to the City Council meeting at which the report is to be acted upon.

   I.   City Council Action:

      1.   The City Council 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 sixty (60) days have elapsed from the close of the public hearing thereupon.

      2.   The Council shall not approve any application unless it finds that the zoning action applied for meets applicable criteria for approval provided herein. In the case of a variance, a vote of two-thirds (2/3) of all Aldermen shall be required to approve any application not approved by the Planning and Zoning Commission, as provided by the Illinois Compiled Statutes.

      3.   In the case of a conditional use permit, Integrated Design District, Planned Unit Development, or variance, the Council may make its approval subject to any conditions or restrictions it finds necessary to assure compatibility with the vicinity of the subject property. The Council may also set time limits within which such conditions or restrictions must be complied with.

   J.   Resubmission: Except as otherwise provided herein, no application that has been denied by the City Council shall be resubmitted within one year of the date of denial except on the grounds of new factual evidence or a change in conditions found to be valid by the Planning and Zoning Commission.

(Ord. 86-382, 12-22-1986; amd. Ord. 96-647; Ord. 97-684; Ord. 22-26, 4-5-2022)

   A.   Required; Exceptions: All applications shall be accompanied 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;

      4.   Sign permits.

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

   C.   Schedule Of Fees And Deposits: The amounts of such filing fees and deposits shall be as determined from time to time by the City Council. A schedule of current fees and deposit requirements shall be made available in the Offices of the City Clerk and the Zoning Administrator.

(Ord. 86-382, 12-22-1986)

   A.   Applicant: The party signing the application shall be considered the applicant.

   B.   Applicant To Be Fee Owner: 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.

   C.   If Applicant Is Not Fee Owner:

      1.   If the applicant is not the fee owner of 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.

      2.   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.

   D.   Applicant Or 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 addresses 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 five percent (5%) of the outstanding stock or interest in the corporation or interest shared by the limited partners.

   E.   Applicant Or Owner Is Land Trust: 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.

   F.   Disclosure Of Ownership Required: Disclosure of present ownership interests shall be accompanied by a statement by the applicant of proposed ownership of all land.

   G.   Change In Ownership: 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.

   H.   Sign Permit; Temporary Use Permit: 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 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. 86-382, 12-22-1986)

   A.   Actions Requiring Hearing: Except as otherwise provided herein, 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;

      3.   Conditional uses, including Integrated Design District preliminary plans and final plans.

   B.   Notice Requirements: 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 required front yard of the affected property, facing and visible from a public street and no further than thirty feet (30') 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 City Council.

         c.   The sign shall be erected no less than fifteen (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 (10) days thereafter.

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

      2.   Written Notification:

         a.   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, or made via First Class mail, not more than thirty (30) nor less than fifteen (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 City Clerk. It shall contain:

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

            (2)   The street address 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 City at least fifteen (15) days but no more than thirty (30) days before the scheduled date of the hearing. The published notice shall contain the same information as is required for written notification herein.

         c.   If a board or commission of the City or the City Council proposes an amendment, the City 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 City Clerk or the Planning and Zoning Commission:

         a.   An affidavit stating that he or she has complied with all notice requirements herein;

         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;

         d.   Signatures, on postal return receipts or in another form, of those receiving the written notice; and

         e.   A publisher’s certificate of publication of the required notice.

(Ord. 86-382, 12-22-1986; amd. Ord. 96-647; Ord. 97-683; Ord. 12-1059; Ord. 22-26, 4-5-2022)

   TABLE 1

   REQUIRED CONTENTS OF APPLICATION FILINGS

 

 

 

Note: Contents of applications for appeals shall be as provided under the appeals in the administration section of this title.

(Ord. 86-382, 12-22-1986; amd. Ord. 89-507; Ord. 93-593; Ord. 96-614; Ord. 96-647; Ord. 97-683)

   TABLE 2

   REQUIRED CONTENTS OF SITE PLAN

 

 

 

Notes:

      1.    Uses providing more than 4 parking spaces for application specified in off street parking and loading, chapter 12 of this title.

      2.    All uses required to provide any screening or planting strip in landscaping and screening, chapter 13 of this title.

(Ord. 86-382, 12-22-1986; amd. Ord. 88-454; Ord. 96-647)

   TABLE 3

   APPROVAL PROCEDURE STEPS

 

 

(Ord. 86-382, 12-22-1986)