A.

Authorization.

1.

An application for a text amendment, or request for a zoning interpretation may be filed by an owner, lessee, agent, or contract purchaser of property located in the Village.

2.

An application for a map amendment, variation, special use, planned unit development, site plan review, or zoning appeal must be approved by the owner of property located in the Village. Such application may be filed by the owner, or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application.

3.

The Village Board, Plan Commission, of Village staff may initiate a map or text amendment, variation, special use, planned unit development, site plan review, or zoning appeal.

B.

Filing.

1.

An application for a text or map amendment, variation, special use, planned unit development, site plan review, occupancy permit, zoning interpretation or appeal of a decision shall be filed with the Community Development Director.

2.

An application for an appeal of a Community Development Director decision shall be filed with the Community Development Director who shall then notify the Chairperson of the Zoning Board of Appeals.

3.

All applications shall be on forms provided by the Village and shall be filed in such number as the instructions provide. All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal. The application shall include information, plans and data as specified in Appendix A (Submission Requirements) and sufficient to determine whether the application conforms with the requirements set forth in this Ordinance.

4.

The Community Development Director shall determine whether the application is complete. If the application is not complete, the Community Development Director shall notify the applicant of any deficiencies, and shall take no steps to process the application until the deficiencies are remedied. Once the Community Development Director determines that the application is complete, the application shall be scheduled for consideration by the Community Development Director, Plan Commission, Zoning Board of Appeals, or Village Board, as provided for in this Ordinance.

C.

Fees. Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the Village Board. The failure to pay such fee when due shall be grounds for refusing to process the application. A current fee schedule is included in Title 15, Chapter 15.56.

D.

Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by the Community Development Director, Plan Commission, Zoning Board of Appeals, or Village Board. Such withdrawal shall be in writing. There shall be no refund of fees. Refunds of any excess escrow deposits will be made upon request and after payment of all outstanding fees and charges.

E.

Successive Applications. Within one year of the date of denial, a subsequent application shall not be reviewed or heard unless there is substantial new evidence available, or proof of change of conditions, or if a significant mistake of law or of fact affected the prior denial. Such subsequent applicant shall include a detailed statement of the grounds justifying its consideration. The Community Development Director shall make a determination as to whether the subsequent application presents substantial new evidence or proof of change of conditions or if a significant mistake of law or of fact affected the prior denial. If the Community Development Director finds that there are no grounds for consideration of the subsequent application, he/she shall summarily, and without hearing, deny the request.

F.

Consultants. The Plan Commission and the Village Board may utilize the services of professional consultants for research, investigation, and professional opinion in arriving at a recommendation or decision. The applicant whose request requires the use of such professional services shall reimburse to the Village the reasonable cost it incurs in using such professional services. If the cost to the Village exceeds the fees collected and escrowed to offset those costs, the applicant shall reimburse the Village within ten (10) days of submission of the bill by the Village. Consultants include, but shall not be limited to, professionals in the fields of engineering, law, planning, design, traffic impact, finance, and court reporters.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 24-10-07-05, § 9, 10-7-2024)

Every application for a zoning text or map amendment, variation, special use or site plan review shall be subject to staff review and recommendation prior to submittal of the application to the Plan Commission and public hearing. Staff shall conduct its review and schedule a meeting as soon as reasonably practicable after submission of the application and summarize all comments and recommendations to the applicant. The applicant may choose to amend the application or authorize the application to be submitted in its original form to the Plan Commission following staff review.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

A.

Conduct of Public Hearings.

1.

Public hearings will be required for applications for amendments, variances, appeals and special uses.

2.

The procedure for public hearings shall be as follows:

a.

Call to order and roll call.

b.

The Chairperson opens the public hearing for the application(s).

c.

The Chairperson presents a brief explanation of the public hearing procedure and swears in those wishing to give testimony.

d.

The Community Development Director (or his/her designee) presents the application.

e.

Applicant presents proof of public notice (Section 3.4) and testimony regarding the petition and associated applications.

f.

Questions are directed to the applicant by the body conducting the hearing and public hearing attendees.

g.

Presentation of testimony from others regarding the petition and associated applications.

h.

Rebuttals.

i.

Follow-up questions from the body conducting the hearing, including requests for additional information from the applicant, if necessary.

j.

Discussion of evidence gathered relative to the findings of fact by the body conducting the hearing.

k.

Hearing closed or continued by the approval of a motion of the body conducting the hearing. If the hearing is closed, the body conducting the hearing shall not accept any comment regarding the petition from outside parties, except:

i.

A staff report based on evidence presented at the public hearing.

ii.

Any person presenting information in response to a specific question from the body conducting the hearing.

B.

Continuances. The Chairperson, with approval of the body conducting the hearing, may continue the regular public hearing date and time. In order to reopen the hearing, no new notice shall be required if a hearing is continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the hearing and placed in the minutes.

C.

Evidence and Testimony.

1.

All parties with an interest that may be affected by the determination to be made 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.

All testimony and evidence shall be given under oath or by affirmation. Each person desiring to give testimony or evidence shall present such testimony and evidence in an orderly fashion as recognized by the Chairperson of the body conducting the hearing. Each person so recognized must identify themselves, including their address, and state their interest in the subject matter and how it is affected. Priority shall be given to those persons who signed up on the sign-in sheet, to the owner or legal possessor of property directly affected, to adjacent and neighboring property owners, and to residents of the Village of North Aurora, in that order. The Chairperson shall have discretion to recognize other persons who do not have interests that are directly affected, or who are not residents of the Village of North Aurora. Any person may ask relevant questions of any person testifying or presenting evidence, but only as recognized by the Chairperson in an orderly fashion.

3.

The Chairperson of the body conducting the hearing may limit testimony as follows:

i.

To provide a reasonable opportunity for all interested persons to testify.

ii.

To avoid repeated and redundant testimony and evidence.

iii.

To avoid testimony and evidence that are not relevant to the application or determinations that must be made by the hearing body.

iv.

To limit testimony that is comprised exclusively of opinion, without supporting factual evidence by persons who do not have some level of expertise or knowledge of the subject matter that is greater than a typical person.

v.

To limit the testimony and evidence of people who are not residents of the Village of North Aurora or do not have a unique interest that is affected other than the interest shared by all of the taxpayers in the Village of North Aurora.

4.

The Chairperson of the body conducting the hearing is not bound by strict rules of evidence, but the Chairperson may exclude irrelevant, immaterial, incompetent, or unduly repetitious testimony or evidence, testimony that is comprised wholly of personal opinion, without reference to or support by factual evidence.

5.

The Chairperson has the authority to maintain order and to exclude any person from the hearing who does not conduct themselves in an orderly, civil and respectful manner.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

A.

Published Notices. For all applications that require a public hearing, the Village shall require a notice to be published in a newspaper of general circulation within the Village. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant, and the address of the subject property. Such notice shall be published for a time period not less than fifteen (15) days, nor more than thirty (30) days, in advance of the scheduled hearing date.

B.

Posted Sign Notices. In addition to the required published notice, the applicant shall be required to post a sign on the subject property for all public hearings for zoning map amendments, variations or special use applications, in accordance with the following provisions:

1.

Location and Time Period. The required posting period shall be fifteen (15) consecutive days, immediately prior to the hearing date (excluding the day of the hearing from the fifteen-day period). Posted notice signs shall be placed at a conspicuous location on the subject property facing the public right-of-way no further than five feet from the property line and no closer than twenty-five (25) feet from an intersection. Properties with more than one street frontage shall be required to post one sign visible from each street frontage, or as determined by the Community Development Director. One sign shall be posted per five hundred (500) feet of public roadway frontage.

2.

Responsibility. It is the applicant's responsibility to erect the sign on the property and maintain it during the required fifteen-day period. The applicant shall verify to the Community Development Director, at the time of the hearing that the sign posting requirement has been complied with. Any such sign(s) shall be removed by the applicant within fifteen (15) days subsequent to final action by the Village Board or withdrawal of the application.

3.

Content. Posted notice signs shall have a white background with black lettering large enough to be clearly legible from the public right-of-way. Such signs shall be weatherproof and at least three feet by four feet in size and shall include information in the format shown in Figure 3-1: Posted Sign Notice Content.

FIGURE 3-1: POSTED SIGN NOTICE CONTENT

C.

Mailed Notice. For public hearings for zoning map amendments, variations, or special use applications, the applicant shall also, in addition to the other notices, serve written notice either in person or by United States mail, to the owners, as recorded in the Office of Kane County Recorder of Deeds, of all property within two hundred fifty (250) feet of the property line of the subject property, excluding street rights-of-way. Such notice shall be mailed not less than fifteen (15) days, nor more than thirty (30) days, in advance of the scheduled hearing date. The applicant shall provide the Village with a list of notices sent for each property entitled to receive notice that includes the name and address of each recipient to whom notice was sent attached to a notarized affidavit stating when the notice was placed in the U.S. mail with postage prepaid. The giving of notice pursuant to this section shall not be construed to prevent the applicant from giving such additional notice as he/she may deem appropriate.

D.

Public Examination and Copying of Applications and Other Documents. During normal business hours, any person may examine the application and material submitted in support of, or in opposition to, the application, subject to the exceptions set forth in the Freedom of Information Act.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 13-07-15-03, § 1, 7-15-2013; 23-12-04-02, § 2, 12- 4-2023)