A.

Filing and Pre-Application Conference

1.

All zoning applications must be filed with the Director of Community Development. The application must be on forms provided by the Village and filed in such quantity as required by the instructions.

2.

Prior to formal submittal of an application, the applicant may request a pre-application conference with the Director of Community Development. The purpose of a pre-application conference, which does not require a formal application or fees, is to provide informal advice and assistance to the applicant. Any opinions or advice provided are not binding with respect to any official action that may be taken on the formal application.

B.

Completeness

1.

An application must include all information, plans, and data as specified in the application requirements. Any required plans must be at a scale sufficient to permit a clear and precise understanding of the proposal, unless specifically required to be at a set scale.

2.

The Director of Community Development will examine all applications within 30 days of filing to determine completeness. If the application does not include all the submittal requirements for the application, the Director of Community Development will reject the application and provide the applicant with the reasons for the rejection. The Director of Community Development will take no further steps to process the application until all deficiencies are remedied.

3.

After an application is determined to be complete, any substantive change made by the applicant to the application requires resubmittal of the entire application and a new completeness review. However, such revisions do not require an additional payment of fees.

4.

Once the application is under consideration by the appropriate body, additional information, or revisions are not subject to this provision.

C.

Fees

Each application must be accompanied by the required filing fee as set forth in Appendix D in the Village Code. The failure to pay such fee when due is grounds for refusing to process the application and renders the application incomplete. If an application is submitted by the Village Board or Planning and Zoning Board, then all fee requirements are considered waived.

D.

Withdrawal of Application

An applicant has the right to withdraw an application at any time prior to the final decision on the application by a board or official, including the ability to withdraw the application if it has been tabled by a board or official. The applicant must submit a request for withdrawal in writing. There will be no refund of fees.

E.

Consideration of Successive Applications

1.

Within one year of the date of denial, a subsequent application for the same zoning approval will not be reviewed or heard unless there is substantial new evidence available, or if a significant mistake of law or of fact affected the prior denial.

2.

If the application is resubmitted earlier than one year from the date of denial, the subsequent application must include a detailed statement of the grounds justifying its consideration. The Director of Community Development will make a determination as to whether the subsequent application is appropriate for resubmittal prior to the expiration of the one year wait requirement. If the Director of Community Development finds that there are no new grounds for consideration of the subsequent application, he/she will summarily, and without hearing, deny the request.

A.

Required Notice

Table 14-1: Required Notice indicates the types of notice required for zoning applications.

B.

Published Notice

When published notice is required, the Director of Community Development will publish notice in a newspaper of general circulation within the Village. The notice must include the date, time, place, and purpose of such hearing, the name of the applicant, and the address of the subject property. Notice must be published no less than 15 days and no more than 30 days in advance of the scheduled hearing date.

C.

Mailed Notice

1.

General Requirements

The following mailed notice requirements apply to all applications cited in Table 14-1: Required Notice as requiring notice for a public hearing.

a.

Written notice will be mailed by the Village via First Class mail no less than 15 and no more than 30 days in advance of the scheduled hearing date to all property owners within 250 feet of the property line of the subject property. The notice must include the date, time, place, and purpose of such hearing, the name of the applicant, and the address of the subject property. When a zoning map amendment is proposed by the Village, notification must also be mailed to the owner of the subject property.

b.

Nothing in this section is intended to prevent the applicant or the Village from giving additional notice as he/she may deem appropriate.

2.

Administrative Exception Mailed Notice

a.

For administrative exceptions, written notice will be mailed by the Village to owners of property within 150 feet of the subject property no less than 15 and no more than 30 days in advance of the date of when the Director of Community Development will make a decision.

b.

If a noticed property owner objects to the administrative exception prior to the date indicated on the notice, the application is then considered a variation and subject to the variation notice requirements, including any additional notice fees.

D.

Posted Notice

When posted notice is required, it must be located on the subject property in accordance with the following provisions:

1.

The required posting period must be no less than 15 days and no more than 30 days in advance of the scheduled hearing date. The sign must be posted at a prominent location on the property, near the sidewalk or public right-of-way so that it is visible to pedestrians and motorists. Properties with more than one street frontage are required to post one sign visible on each street frontage. Posted signs may be removed the day following the scheduled hearing date.

2.

The Village will install and maintain the sign during the required posting period.

A.

Pre-Hearing Examination

Once required notice is given, any person may examine the application and material submitted in support of or in opposition to the application during normal business hours, subject to the exceptions set forth in the Freedom of Information Act. Upon reasonable request, any person is entitled to copies of the application and related documents. A fee may be charged for such copies.

B.

Conduct of the Public Hearing

The public hearing must be conducted in accordance with all applicable requirements of Illinois law and the rules and regulations of the body conducting the hearing. The general procedure for public hearings is as follows:

1.

All persons offering testimony at a public hearing must testify under oath. All persons wishing to testify at the public hearing must state for the record his/her name and address. Interested parties may appear for themselves or be represented by a person of their choosing. Written statements will be accepted prior to the hearing to be entered into the public hearing record.

2.

The applicant presents testimony regarding the petition and associated applications. The application and any accompanying exhibits will be identified and made part of the record.

3.

Questions are directed to the applicant by the body conducting the hearing.

4.

An interested party may appear at a hearing and submit evidence. An interested party wishing to ask questions of a witness may, at the time indicated by the Chair, direct questions to the witness. All persons shall state his/her name and address before questioning a witness. This opportunity for questioning a witness shall not be used by the questioner to offer testimony or evidence.

5.

Follow-up questions and discussion of evidence gathered by the body conducting the hearing.

6.

The body conducting the hearing will close that portion of the public hearing in regard to receiving testimony and evidence. Following close of the hearing, the body conducting the hearing will deliberate. The hearing body shall keep minutes of its proceedings that show the vote of each member of the hearing body on the application, or if absent, or failing to vote, indicating that fact. The hearing body will keep records of its hearings and it's evaluation of standards.

C.

Continuances

The body conducting the hearing may continue a public hearing. No new notice is required to reopen the public hearing if the hearing is continued to a date specific, provided that a public announcement of the future date, time, and place of the continued hearing is made at the current hearing and recorded in the minutes. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing all notice must be given that is required for the initial public hearing.