The application and review process for zoning change applications, including applications for variances, special use permits, and amendments shall be as follows. Further review procedures for variances, special use applications, amendments, and appeals, specific to each type of application, are detailed in Sections 46-244, 46-245, 46-246, and 46-247.

1.

Filing and pre-application conference.

a.

All zoning change applications must be filed with the Zoning Administrator. The application must be on forms provided by the Village and filed in the quantity required by the instructions.

b.

Prior to formal submission of a zoning application, the petitioner may request a pre-application conference with the Zoning Administrator. The purpose of the pre-application conference, which does not require a formal application or fees, is to provide informal advice and assistance to the petitioner. Any opinions or advice provided are not binding with respect to any official action that may be taken on the application.

2.

Completeness.

a.

The 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.

b.

The Zoning Administrator will examine all applications within 15 days of filing to determine completeness. If the application does not include all the submission requirements for the application, the Zoning Administrator shall inform the petitioner and shall place the application on hold pending submission of a completed application. The Zoning Administrator will take no further steps to process the application until all deficiencies are remedied.

c.

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

d.

Once the application is under consideration by the appropriate body, additional information or revisions requested during review do not constitute a substantive change to the application.

3.

Fees.

a.

Each application must be accompanied by the required filing fee as determined by the Zoning Administrator based of a fee scheduled established by the Village Board. The failure to pay such fee when due is grounds for refusing to process the application and renders the application incomplete.

b.

If an application is submitted by the Village Board or Zoning Administrator, then all fee requirements are waived.

4.

Forwarding of completed application and scheduling of public hearing.

a.

Once an application has been determined to be complete, the Zoning Administrator will forward the completed application to the PZC and schedule a public hearing for the review and discussion of the completed application.

b.

Notification of the public hearing will take place per the requirements of Section 46-242.

c.

The public hearing will proceed per the requirements of Section 46-243.

5.

Withdrawal or lapse of application.

a.

A petitioner has the right to withdraw an application at any time prior to the final decision on the application by the Village Board, PZC, or Zoning Administrator, including the ability to withdraw the application if it has been tabled by one of them. The petitioner must submit a request for withdrawal in writing. There will be no refund of fees.

b.

Any application required by this Chapter that is not processed in accordance with this Chapter within a one-year period will automatically lapse and become null and void without further action by the Village.

6.

Consideration of successive applications.

a.

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 a significant mistake of law or fact affected the prior denial.

b.

If the application is resubmitted sooner than one year from the date of denial, the subsequent application must include a detailed statement of the grounds justifying its consideration.

c.

The Zoning Administrator will make a determination as to whether the subsequent application is appropriate for resubmittal prior to the expiration of the one-year requirement. If the Zoning Administrator finds that there are no new grounds for consideration of the subsequent application the Zoning Administrator shall summarily, and without hearing, deny the request.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Published notice in newspaper. At least 15 days, but no more than 30 days, before any public hearing required by this Chapter, the Zoning Administrator will publish notice of the time and place of the public hearing in a newspaper of general circulation in the Village. The notice of such hearing shall contain the common street address and property index number (PIN) of the property for which such action is sought, or a legal description if a street address is not available, as well as a brief description of the proposed action. The cost of such publication shall be paid by the petitioner, and is in addition to the application fee.

2.

Mailed notifications. Any applicant for any public hearing under this Chapter shall furnish the Zoning Administrator with a complete list of names and last known addresses of owners of properties subject to the petition. Documentation of ownership in the form of an owner's policy or title insurance, warranty deed evidencing ownership of title, trust agreement certified by trustee with evidence of all current ownership of beneficial interest, purchase contract, or records from the County Recorder of Deeds, shall also be submitted. Not less than 10 days, but not more than 30 days before a public hearing, the Zoning Administrator shall send written notice by first class mail to the owners of the subject property as identified herein, concerning the place and time for the first hearing of the petition. Said notification letter shall state the name and address of the petitioner, the name and address of the owner of the property, the location of the property, and a brief statement of the nature of the requested action. Said letter shall be sent to the last known taxpayers of record, as reflected in the Champaign County records, of all property adjacent to or within 250 feet in any direction of the property for which the application for action is requested. If any part of a condominium property is located within 250 feet of the subject property, said letter shall be sent to each taxpayer of record of the condominium. The measurement of all public roads, streets, alleys, and other public ways shall be excluded in determining the 250-foot requirement. If, after a bona fide effort to serve such written notice, there are returned notices, the notice requirements of this section shall be deemed satisfied.

3.

Notice by Sign.

a.

In any case where a property owner, or a person acting on behalf of said property owner, is requesting a public hearing under this Chapter for any zoning action concerning that property, the property owner shall permit the Zoning Administrator or his or her designee to post a sign on said property, visible from adjacent roadways, to notify the public about the public hearing. In cases where someone other than the owner or someone acting on the owner's behalf is the petitioner for the public hearing, the required sign shall be posted by the Zoning Administrator or his or her designee on the public right-of-way adjoining the subject property. Said sign or signs shall be posted not less than 15 days but not more than 30 days prior to the date of the opening of the public hearing. A good faith effort shall be made to keep the signs in place until the date of commencement of the public hearing. Said signs shall be removed no later than 10 days after the completion of the final public hearing.

b.

The required sign shall contain the words: "NOTICE OF PUBLIC HEARING" at the top of the sign. The sign must indicate the nature of the zoning change being requested and the time, date, and location of the public hearing. In addition, the sign must indicate the phone number of the Village Inspection and Planning Department.

c.

The Zoning Administrator may waive the requirement to post the sign in cases involving multiple lots to avoid confusing the public or to avoid an unreasonable burden on Village staff. Such waiver shall be made a part of the record of the case.

d.

A good faith effort shall be made to comply with the requirements of Items 3.a. and 3.b. of this section. However, compliance with those requirements shall not be regarded as jurisdictional.

4.

Continued public hearings. In the instance a public hearing is continued to a later date, the date and time of the continued public hearing shall be announced at the time and place of the hearing being continued, and the continued hearing's notice requirements shall be deemed satisfied. If for any reason the continued public hearing date or time needs to be changed, the Zoning Administrator shall, in his or her best effort, provide the public with the new date and time of the continued hearing by:

a.

Posting the continued meeting or hearing notice at the Village Building; and

b.

Posting the continued meeting or hearing notice on the Village's website.

In the event a quorum is not present for the initial meeting or a continued meeting, a majority of the board or commission members present may reschedule the meeting to a new date and time. In the event a meeting is canceled prior to the scheduled meeting, any agenda items will be continued to the next regular meeting or to a posted special meeting. No additional mailed or published notices shall be required for continued or canceled meetings.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Pre-Hearing Examination Once required notice is given, any person may examine the application and any related material submitted in support of or in opposition to the application during normal business hours. Upon reasonable request, any person may obtain copies of the application and related material. A fee may be charged for such copies.

2.

Conduct of the Public Hearing. The public hearing shall be conducted in accordance with all applicable requirements of Illinois law and the rules and regulations of the body conducting the hearing.

3.

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 specific date, 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, notice must be given in the same manner which would have been required for the initial public hearing.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Public hearing for a variance.

a.

The PZC shall hold a public hearing to consider a request for a variance.

b.

The PZC may, by majority vote, postpone, continue or adjourn a public hearing to consider a variance.

c.

At any public hearing conducted by the PZC to consider a variance, the petitioner will have the burden of proving, by preponderance of the evidence, that each of the four criteria in connection with the specific findings of the PZC, as specified in Section 46-244, subsection 2., has been satisfied. The sole burden of producing evidence that will satisfy each of such criteria is upon the petitioner. The fact that the property in question, or any other property, does not conform to the provisions of this Chapter for the applicable district involved does not provide the basis, in whole or in part, for any such specific finding of fact.

2.

Findings of fact. The PZC or Village Board will not decide to grant a variance from the terms of this Chapter unless the PZC and, if applicable, the Village Board, based solely on the evidence presented, make a finding of fact that the granting of the variance will be in harmony with the general purpose and intent of this Chapter; that there exists a practical difficulty or particular hardship which provides the basis for a variance; and that the granting of the variance will not be unreasonably injurious or detrimental to the neighborhood or otherwise injurious or detrimental to the public welfare. Any such finding of fact shall always include a specific finding that each of the following four criteria has been satisfied:

a.

The variance requested is necessary due to special conditions and circumstances relating to the property or structure involved, or to the use or occupancy thereof, which are not generally shared with other properties or structures in the same district; the proposed variance will not serve as a special privilege but will alleviate some demonstrable and unusual condition or circumstances;

b.

The literal interpretation of the provisions of this Chapter would impose/deprive the applicant of rights commonly enjoyed by other properties or structures in the same district under the terms of this Chapter;

c.

The variance requested will not alter the essential character of the neighborhood; impair an adequate supply of light and air to adjacent property; substantially increase congestion in the streets; increase the danger of fire or other casualty or crime; diminish the value of nearby properties; or impair the public health, safety, and welfare; and

d.

The special conditions, circumstances, or hardships are not the result of any actions of the petitioner.

3.

Specific variances. After the PZC has made each of the specific finding of fact as specified in Section 46-244, subsection 2., the PZC shall have the authority to grant any specific variance for the following purposes only and no other:

a.

To permit a variance of no more 25 percent of the following:

i.

The number of parking spaces required by Article 12 of this Chapter.

ii.

The depth of the front yard as specified in this Chapter; except that on a corner lot where the building will front or face the long dimension of the lot, making the long dimension of the lot the front yard, the PZC is hereby authorized to vary the depth of this type of front yard to as little as five feet.

iii.

The depth of the side yard as specified in this Chapter; except that on a corner lot where the building will front or face the short dimension of the lot like the other buildings in the block, making the long dimension of the lot a side yard, the PZC is hereby authorized to vary the depth of this type of side yard to as little as five feet.

b.

To permit a variance from the rear yard requirement to allow a reduction of a rear yard depth to as little as 7.5 feet. On corner lots where buildings front or face on the long dimension of a lot, and on triangular, irregular, and oddly shaped lots, the PZC is authorized to vary the rear yard setback requirements to as little as five feet.

c.

To permit the inclusion, as part of the required rear yard, of up to one-half of a public alley that abuts the rear yard, provided that the depth of the rear yard on the lot is not less than five feet.

d.

To permit a building to exceed the height limit by no more than 10 percent of the height limit established by this Chapter.

e.

To permit the creation of a new lot that has less lot area than required by this Chapter, provided that this variance shall not exceed 10 percent of the required lot area and, in the case of any lot lawfully existing on February 2, 1991, to permit a reduction in the required lot area by no more than 20 percent.

f.

To permit the creation of a new lot that has less width than required by this Chapter, provided that this variance shall not exceed 15 percent of the required lot width and, in the case of any lot lawfully existing on February 2, 1991, to permit a reduction in the required lot width by no more than 25 percent.

g.

To permit a reduction in a required side yard to as little as two feet in the case of any structure lawfully existing on February 2, 1991.

h.

To permit an increase in the occupancy or intensity of the existing use of a building whose parking is inadequate, as provided in Article 12 of this Chapter.

i.

To permit accessory off-street parking in a location other than the zoning lot of the principal use, as provided in Article 12 of this Chapter.

j.

To permit the postponement of the termination of any nonconforming use required by this Chapter for a period of no more than five years.

k.

To allow a sign to exceed the maximum height or area or to reduce the minimum setback for a sign as provided in Article 14 of this Chapter by no more than 15 percent of the specified requirement.

4.

General variances.

a.

Apart from and in addition to the specific variances specified in Section 46-244, subsection 3., the PZC shall consider any request for any other variance as a general variance, provided that any such request is consistent with the intent of this Chapter. Any such general variance will be forwarded to the Village Board only if the PZC makes a final decision to recommend its approval. If the PZC decides not to recommend approval of any such general variance, the request for any such general variance will be deemed denied, and the specific findings of the PZC will be the final decision on any such variance. The Village Board has the sole authority to grant or deny any request for a general variance that the PZC forwards in conformance with the procedures outlined below.

b.

The Zoning Administrator will prepare a decision sheet that includes the PZC's specific findings of fact as specified in Item 2 of this section, and its decision to recommend or to deny the request for the general variance, for the PZC chairperson's signature. If the PZC's decision is to forward the request for the general variance to the Village Board with a recommendation for approval, the Zoning Administrator will forward to the Village Board the PZC's decision sheet, the variance application, the names and addresses of all persons appearing before the PZC on such request, summaries of the testimony of all persons appearing before the PZC on such request, and any other relevant information.

c.

The Village Board will consider any such request for a general variance at a regular meeting of the Village Board. The Village Board need not take additional testimony or other evidence regarding such request for a general variance. If the Village Board decides by a duly adopted motion to receive additional evidence in connection with such request, such additional evidence shall be received only after public notice and an opportunity to be heard is afforded to any interested party as provided in this Article. The Village Board will act on the information presented in the PZC's specific findings of fact, the summary of the testimony or other evidence presented to the PZC at the public hearing, and the additional evidence received by the Village Board in the manner specified in this item, if any.

d.

After consideration of any such request for a general variance, together with the PZC's decision sheet and recommendation and any additional evidence received by the Village Board, if the Village Board determines to approve the general variance as recommended by the PZC, it shall adopt by ordinance those specific findings of fact as specified in Item 2 of this section forwarded by the PZC, or supported by any additional evidence, with which the Village Board agrees. In approving a general variance, the Village Board may adopt any conditions recommended by the PZC or any other or different conditions the Village Board deems to be supported by the record.

e.

The Village Board may refer any request for a general variance back to the PZC for further consideration if the Village Board determines that the specific findings of fact as specified in Item 2 of this section are insufficient. The Village Board must specify wherein such specific findings of fact are insufficient. When the PZC rehears the matter, it shall be in accordance with the notice and public hearing requirements as otherwise provided in this Article. In any case, the Village Board must approve or deny the request for a general variance within 120 days of the date of the meeting of the PZC at which the PZC first recommended approval of the request for a general variance.

f.

The consideration of a request for a general variance shall not preclude the PZC from granting a lesser, specific variance on the same case if it is within the authority of the PZC to do so as specified in Article 15, if the specific variance is in substantial conformance with the intent of the request for the general variance and is supported by the specific findings of fact to be made by the PZC as required by Item 2 of this section. If such specific variance is granted in the manner set forth above, the approval of the Village Board shall not be required.

g.

The Village Clerk will notify the petitioner in writing of the final decision of the Village Board regarding any request for a general variance forwarded by the PZC to the Village Board in accordance with provisions of this article.

5.

Conditions. In granting a request for a variance, the PZC or the Village Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violations of such conditions and safeguards, when made a part of the terms and conditions under which any request for either a specific variance or a general variance is granted, shall be deemed a violation of this Chapter and is punishable under the provisions of this Chapter.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Purpose. The development and execution of this Chapter is based upon the division of the village into districts, within which the use of land and buildings, and the bulk and location of buildings or structures, are essentially uniform. It is recognized, however, that there are special uses, which, because of their unique character, cannot be properly classified into any particular district or districts without consideration in each case of the impact of those uses upon neighboring lands and the public need for the particular use in the particular location. Such special uses fall into two categories:

a.

Uses operated by a public agency, publicly related utilities, or uses traditionally in the public interest.

b.

Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

2.

An application for special use shall be filed with the Zoning Administrator on a form provided by the village. The Zoning Administrator will review and process an application in accordance with law, give notice of the public hearing, and after the public hearing is held, forward the recommendation of the PZC to the Village Board for final action.

3.

Special uses will be authorized only by the Village Board, provided that no application for a special use be acted upon by the Village Board until after a public hearing is scheduled, noticed, and held by the PZC, and the PZC forwards its findings of fact and recommendations in a report to the Village Board.

4.

Special use standards. No special use will be granted by the Village Board unless the special use:

a.

Is deemed necessary for the public convenience at that location;

b.

Is designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected; and

c.

Will not cause substantial injury to the value of other property in the neighborhood in which it is located.

5.

Conditions.

a.

The PZC may recommend and the Village Board may provide such conditions and restrictions upon the construction, location, and operation of a special use, including, but not limited to, the location of points of vehicular ingress and egress, off-street parking and loading, and building setbacks. Such conditions and restrictions provided must have been deemed necessary by the PZC and/or Village Board to promote the general objectives of this Chapter, and to minimize any injury to the value of property in the neighborhood.

b.

Failure to maintain such conditions or restrictions as may have been imposed will constitute grounds for revocation of the permit for such special use.

c.

All petitioners who are granted a special use must obtain a building permit and commence construction within 18 months of the passage of an ordinance approving the special use. Any failure to do so shall result in such special use permit being automatically revoked and the property subject to all of the applicable provisions of this Chapter.

(Ord. No. 2542, § 1, 9-12-2017)

1.

The regulations imposed and the districts created under this Chapter may be amended by the Village Board from time to time by ordinance.

2.

All amendments to this Chapter may be initiated in any of the following methods:

a.

By the written request of the legal or equitable owner, a contract, purchaser, or holder of a binding option, which is filed with the Zoning Administrator.

b.

By resolution of the Village Board.

c.

By approved motion of the PZC.

3.

No such amendment shall be made without a public hearing before the PZC, which will report its findings and recommendations to the Village Board within 30 days after the final adjournment of such public hearing.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Purpose. An appeal to the PZC may be taken by any person, group, or public or private organization affected by any order, requirement, decision, or determination made by the Zoning Administrator under this Chapter. An appeal may consist of a request for a determination with regard to the exact location of any district boundary if there is uncertainty with respect thereto.

2.

Applying for an appeal. The following procedures shall apply:

a.

Within 45 days of the action complained of by the appellant, the appellant shall file a notice of appeal with the Zoning Administrator. The notice of appeal must describe the order, requirement, decision, or determination appealed from, and must specify the grounds for the appeal.

b.

The notice of appeal must be accompanied by the required filing fee as determined by the Zoning Administrator based of a fee scheduled established by the Village Board. The failure to pay such fee when due is grounds for refusing to process the notice of appeal and renders the application for an appeal as incomplete.

c.

Upon receipt of the notice of appeal, completed as described in Item 2.a above, and upon receipt of the required filing fee as described in Item 2.b above, the Zoning Administrator shall assemble all the documents and files that constitute the record upon which the action appealed from was taken. The Zoning Administrator shall fix a reasonable time within 30 days of the receipt of the notice of appeal for a hearing on the appeal.

d.

The Zoning Administrator will give due notice of the hearing in writing to the appellant, PZC members, and any other person directly interested in the outcome of the appeal. It shall not be necessary to publish any notice of a hearing on an appeal.

e.

The hearing will be held in accordance with the procedures established by the PZC, and the PZC will decide the appeal within a reasonable time after the hearing. However, a hearing may be postponed, as may be necessary in the judgment of the PZC, in order to give any such appeal adequate consideration.

f.

The PZC shall not permit a variance in the application of the ordinance by its decision on an appeal. However, this shall not limit an appeal and a request for a variance from going forward simultaneously.

g.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the PZC, after notice of appeal has been filed, that a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property. In such event, such proceedings shall not be stayed otherwise than by a restraining order that may be granted by a court of competent jurisdiction.

(Ord. No. 2542, § 1, 9-12-2017)