Except as otherwise provided herein, the requirements of this section shall apply to all applications submitted under the provisions of this title 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.

Zoning amendments.

Except in the case of zoning action proposed by the city council or a board or commission of the city of Park City, any party requesting any city action to which this section applies shall file an application on a form provided therefore by the city clerk. Every such application shall include as a minimum the applicable items provided in Table 1.

A.

The approval process herein shall apply to all applications except:

1.

Appeals;

2.

Temporary uses.

B.

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

1.

Optional Pre-Filing Conference (PUD Only). Prior to filing for approval of a planned unit development (PUD) preliminary plan, an applicant may request a pre-filing conference with the zoning board of appeals. An application for the conference together with a filing fee and a retained personnel fee shall be submitted to the city clerk.

At the conference the applicant may outline his proposal and submit preliminary information such as a concept plan.

2.

Staff Review. The code enforcement official 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 zoning board of appeals no later than seven days before the scheduled public hearing date. 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.

3.

Public Hearing Process (Filing Requiring Hearings Only).

a.

For any action that requires a public hearing, the provisions herein shall be complied with. Applications that require a public hearing are:

i.

Amendments (re-zonings);

ii.

Variances;

iii.

Conditional uses, including PUD preliminary plans but not PUD final plans.

b.

Public Notice. The applicant shall comply with the requirements for public notice herein for any zoning action that requires a public hearing.

c.

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 days before the scheduled date of the hearing. If such notice has not been given, and the petitioner so requests, the zoning board of appeals may reschedule the hearing.

d.

Public Hearing. 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 zoning board of appeals. The zoning board of appeals 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 members of the board.

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

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.

e.

Zoning Board Action. Within sixty days after the close of the public hearing, the zoning board of appeals shall transmit to the city council written findings of the 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 board recommends the action be made subject. The report shall include the roll call vote of the board on the recommendation.

The zoning board of appeals may not defer voting on any petition for more than one meeting unless the petitioner approves any further postponement.

In the case of an application for a variance or a PUD, the board's recommendation may include any modification of normal requirements that is authorized by this title.

f.

Mailing of Zoning Board of Appeals Report. The code enforcement official shall mail a copy of the report of the zoning board of appeals to the petitioner and to representatives of objectors not less than five days prior to the city council meeting at which the report is to be acted upon.

4.

City Council Action. The city council shall not act upon any application requiring a public hearing until either it has received a report thereupon from the zoning board of appeals or until sixty days have elapsed from the close of the public hearing thereupon.

The city 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 of all aldermen shall be required to approve any application not approved by the zoning board of appeals, as provided by the Illinois Revised Statutes. In all other cases, the concurrence of a majority of all members then holding office on the city council, including the mayor, shall be required.

In the case of a conditional use, PUD, or variance, the city 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 city council may also set time limits within which such conditions or restrictions must be complied with.

5.

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 zoning board of appeals.

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 application for:

A.

Minor variances;

B.

Temporary uses;

C.

Appeals.

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 expenses shall be refunded without interest to the applicant within thirty days of final action on the application.

The amounts of the basic filing fee shall be four hundred twenty-five dollars for all hearings before the zoning board of appeals. Before any hearing or action takes place before the zoning board of appeals, the person or entity seeking such hearing or action shall comply with the escrow requirements of Chapter 15.08 of the Park City Municipal Code. The city council may, from time to time, by resolution, establish a schedule of additional fees and deposits required before any hearing or action takes place before the zoning board of appeals. A schedule of current fees and deposit requirements shall be made available in the offices of the city clerk and the code enforcement official.

The party signing the application shall be considered the applicant.

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.

A.

Applicant is Not Fee Owner. 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.

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.

B.

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 of the outstanding stock or interest in the corporation or interest shared by the limited partners.

C.

Applicant or Owner is a 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.

Disclosure of 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.

For any application for a temporary use permit, the application shall include the written permission of the owner or manager of the premises on which the 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.

A.

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.

Zoning ordinance text amendments;

2.

Zoning map amendments;

3.

Variances;

4.

Conditional uses, including PUD preliminary plans but not PUD final plans.

B.

The required notice shall consist of the following actions:

1.

Sign Display. Except in the case of applications for minor variances and zoning ordinance text amendments, 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 thirty feet from the right-of-way line.

The sign shall conform to such requirements as to copy, size of lettering, and other items as may be established by the building commissioner, and shall state that:

"This Property is Subject to a Zoning Hearing. For Information - Call the Building Commissioner at (847) 623-5030."

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

No posting of a sign shall be required if the applicant is the City.

2.

Written Notification. Except in the case of applications for minor variances and zoning ordinance text amendments, the applicant shall also provide written notice of the public hearing to the owners of record of each parcel of real estate abutting, across a street or alley, or within two hundred fifty feet from any boundary of the property affected by the applicant, exclusive of road rights-of-way.

The owners of record for this purpose shall be considered those appearing on the records of the county recorder of deeds or from tax records of the county treasurer, county clerk, or township assessor.

The written notice shall be delivered in person or by certified mail, return receipt requested, not more than thirty nor less than fifteen days prior to the scheduled date of the public hearing. The written notice shall be substantially in the form of notice provided by the city clerk. It shall contain:

a.

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

b.

The common street address and property identification number (PIN) or numbers of the property which is subject of the application;

c.

A summary description of the zoning action requested; and

d.

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

3.

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

The notice shall be published in a newspaper of general daily circulation in the city at least fifteen days but no more than thirty days before the scheduled date of the hearing. The published notice shall contain the same information as is required for written notification herein.

If a board or commission of the city or the city council proposed an amendment, the city shall be responsible for meeting this requirement.

4.

Evidence of Compliance. Except if the applicant is the city, no later than the time of the public hearing, the applicant shall file with the city clerk or the zoning board of appeals:

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.

TABLE 1: Required Contents of Application Filings

Key:

X: Required for all applications.

—: Not required for any applications.

R: May be required if considered necessary for review of the application by the code enforcement official or the zoning board of appeals.

I: Required for industrial uses only. See performance standards section.

S: As required by city subdivision control ordinance.

Contents of applications for appeals shall be provided under appeal in the Administration section of this title.

Contents of applications for minor variances shall be as established on a case-by-case basis by the code enforcement official.

TABLE 2: Required Contents of Site Plan

Notes and Key to Table 2:

X: Required for all site plans.

—: Not required for any site plan.

R: Required upon request of zoning board of appeals or code enforcement official.

¹ Uses providing over four parking spaces for applications specified in off-street parking and loading section.

² All uses required to provide any screening or planting strip in the landscaping and screening section herein.

³ PUD final plan shall be final version of preliminary plan approved by city council and including final engineering plans and specifications.

⁴ Or such other as the zoning board of appeals or code enforcement official shall require.

TABLE 3: Approval Procedure Steps

¹ May be scheduled at application's option.

(Ord. No. 2014-ZO-01, § 2, 5-15-2014)