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Mokena City Zoning Code

CHAPTER 3

APPLICATIONS, FEES, AND HEARINGS

9-3-1: APPLICATIONS:

   A.   Place Of Filing: All applications filed pursuant to this title shall be filed with the office of the zoning official, except appeals of administrative decisions, which shall be filed with the village clerk.
   B.   Form; Number; Scale: All applications filed pursuant to this title shall be on forms supplied by the village and shall be filed in such number of duplicate copies as the zoning official or village clerk may designate. 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 of the proposal being made and shall be folded to a size of eight and one-half inches by eleven inches (81/2" x 11").
   C. Filing Deadlines:
      1. Applications Requiring Hearing Or Meeting: An application requiring a public hearing or meeting will not be scheduled for such hearing or meeting unless filed, in proper form and number and containing all required information, not later than thirty (30) days prior to the requested hearing or meeting date. An application so filed will be scheduled for hearing or meeting on the requested hearing or meeting date, or on the first available date thereafter open on the relevant hearing or meeting agenda. All public hearings and meetings to consider applications filed pursuant to this title shall, unless otherwise provided by order of the relevant body, be scheduled at the same time as the regular meetings of such body.
      2. Applications Not Requiring Hearing Or Meeting: An application that does not require a public hearing shall be filed, in proper form and number and containing all required information. 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 fifteen (15) 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 zoning official and of the body hearing the application, be cause to delay a requested or scheduled hearing or decision date.
   D. Minimum Data Requirements: Every application submitted pursuant to this title shall contain such information as is required by the zoning official or any official, board or commission before which such application is pending.
   E. Special Data Requests: In addition to the data and information required pursuant to this section, every applicant shall submit such other and additional data, information, or documentation as the zoning official or any official, 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.
   F. Waiver Of Application Requirements: Notwithstanding any other provision of this section, the zoning official shall have the authority to waive any requirement set forth herein 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 any official board or commission before which such application may come shall continue to have the right to request additional information pursuant to subsection E of this section, and to delay processing of such application until such information is provided and available in accordance with the deadlines established in this chapter.
   G. Concurrent Applications: When a proposed use or development requires more than one approval pursuant to this title, 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.
   H. Withdrawal Of Application: An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto. Such withdrawal shall be made in writing and shall be without prejudice to the applicant's right to refile such application. Any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this title in the same manner as any other new application.
   I. Refund Of Fees: The refund of fees for application withdrawn pursuant to section 9-3-4 of this chapter, shall be subject to the rules and procedures adopted from time to time by the administrative body having jurisdiction over the individual application. (Ord. 2000-O-005, 2-14-2000)

9-3-2: SUCCESSIVE APPLICATIONS:

   A. Second Applications Without New Grounds Barred: Whenever any application filed pursuant to this title 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 within one year of the final denial unless in the opinion of the official, 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 zoning official 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 the 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 one year after the final denial of a prior application shall be heard on the merits as though no prior application had been filed. The applicant shall, however, 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. 2000-O-005, 2-14-2000)

9-3-3: FEES:

   A. Fees Established: The village board shall establish a schedule of fees, charges and expenses required for building permits, zoning certificates, certificates of occupancy, variations, special use permits, temporary use permits, amendments, appeals, planned development approvals, signs and other matters pertaining to this title.
   B. Completed Application: Until all such required fees have been paid, no application for any of the above shall be deemed to have been filed and no action shall be taken on such application.
   C. Location: All fees shall be paid to the office of the zoning official or the office of the village clerk. (Ord. 2000-O-005, 2-14-2000)

9-3-4: HEARINGS AND MEETINGS:

   A. Setting Hearing Or Meeting: When the provisions of this title require a public hearing or public meeting held in connection with any application filed pursuant to this title, the official or 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.
   B. Notice:
      1. Notice Of Publication: Notice of the date, time, and place of the hearing of any proposed variation, special use, amendment, or planned development shall be given by the zoning official not more than thirty (30) nor less than fifteen (15) days before the hearing by publishing such notice at least once in one or more newspapers published in the village, or if no newspaper is published therein, then one or more newspapers, with a general circulation within the village, which are published in Will County.
      2. Contents Of Notice: In each case where notice is required under this subsection B, such notice shall contain the following information:
         a. Date, time and place of public hearing; (Ord. 2000-O-005, 2-14-2000)
         b. The common street address and legal description of the subject property or pin number of subject property; (Ord. 2002-O-011, 5-28-2002)
         c. A brief statement setting forth the nature of the proposed variation, special use, amendment, appeals or planned development;
         d. The name and address of each applicant and the legal and/or beneficial owner; and
         e. The name and address of the zoning official. (Ord. 2000-O-005, 2-14-2000)
      3. Posting Of Signs:
         a. The village shall post one or more signs on any property to which a proposed variation, special use, amendment, or planned unit development pertains at least fifteen (15) continuous days prior to the public hearing. The number and location of such signs shall be left to the discretion of the zoning official, which shall be reasonably calculated to catch the attention of passersby from any direction. Such signs shall include pertinent information regarding such proposed variation, special use, amendment, or planned development. (Ord. 2003-O-035, 6-23-2003)
         b. It shall be unlawful for anyone other than the zoning official to alter or remove any information displayed on any such sign or signs.
         c. Each applicant shall be responsible for the removal and return of any such sign or signs to the zoning official within ten (10) days of final action taken upon the application, whether said action is taken by the board of trustees, the zoning board of appeals, or the planning commission.
      4. Notice To Owners Of Nearby Property: The village, at the expense of the applicant, shall also give written notice to the person(s) to whom the current real estate tax bills are sent, as shown on the record of the local real estate tax collector, of all tax parcels, whether tax exempt or not, lying within two hundred fifty feet (250'), exclusive of public right of way, of the property lines of the subject parcel on which the improvement is proposed. The applicant if not the owner of record of the parcel shall also give written notice to the owner of record. The written notices shall be delivered personally or may be sent by first class mail, properly addressed, with sufficient prepaid postage affixed thereon. The written notices shall contain all of the information required of all published notices.
   C. Review And Hearing:
      1. Staff Review: The zoning official shall refer every application for which this title requires a hearing, to all appropriate village commissions and departments. Each commission and department to which an application is referred shall review such application and submit its comments thereon to the zoning official for transmittal to the specific body hearing the application. Such comments shall, whenever possible, be submitted at least two (2) business days prior to the date set for the hearing.
      2. Public Hearing: All other matters pertaining to the conduct of hearings shall be governed by the provisions of this title pertaining to, and the rules promulgated by, the body or official conducting the hearing.
   D. Prehearing And Premeeting Examination And Copying Of Application And Other Documents: At any time following the giving of notice as required in this chapter, and upon 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 village pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established from time to time by the zoning official to cover the cost of such copies. (Ord. 2000-O-005, 2-14-2000)