(A)   Authorization:

      1.   An application for a variation, special use, planned unit development, site plan review, or zoning appeal may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application.

      2.   An application for a map or 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 or may be initiated by the village.

   (B)   Filing:

      1.   An application for a text or map amendment, variation, special use, planned unit development, site plan review, zoning certificate, zoning interpretation or appeal of a building commissioner decision shall be filed with the planning and zoning administrator.

      2.   An application for an appeal of a planning and zoning administrator or site plan review committee decision shall be filed with the village clerk.

      3.   An application for a building permit, sign permit, or occupancy permit shall be filed with the building commissioner.

      4.   The application 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 subsection (C), "Submission Requirements", of this section, and sufficient to determine whether the application conforms with the requirements set forth in this title.

   (C)   Submission Requirements:

      1.   Amendment To The Zoning Ordinance Text: Every application for an amendment to the zoning text shall be accompanied by an application form as may be required by the village and the following documentation, unless specifically waived by the appropriate village official or body:

         (a) A statement identifying the existing section or sections of the zoning ordinance concerning which the text amendment is being sought, the revised language being proposed, and the reason or reasons for the requested zoning text amendment.

         (b) A statement indicating the manner in which the requested amendment supports each of the following conclusions:

            (1) The amendment to the text will not result in any building construction, land use or other development related activity which would be detrimental to or endanger the public health, safety, comfort or general welfare of the community as a whole or any portion thereof.

            (2) The amendment to the text is consistent with the spirit and intent of the zoning ordinance and comprehensive plan.

            (3) The standards contained in subsection 6-4-1(E), "Standards For Zoning Text And Map Amendments", of this title.

         (c) Any other information or documentation requested by the planning and zoning administrator.

      2.   Amendment To The Zoning Map: Every application for an amendment to the zoning map shall be accompanied by an application form as may be required by the village and the following documentation, unless specifically waived by the appropriate village official or body:

         (a) Proof of ownership of the zoning lot in question. If applicant is not the owner, a statement signed by the owner must be submitted certifying that the owner is jointly filing the application for an amendment to the zoning map.

         (b) A plat of survey of the parcel or parcels of land comprising the zoning lot, drawn to scale, showing the actual dimensions of said zoning lot, including all parcels or lots contained therein, and drawn in accordance with the recorded plat of such land.

         (c) A statement identifying the existing zoning district for the zoning lot in question, the zoning district requested, and the reason or reasons for the requested amendment to the zoning map.

         (d) A statement indicating the manner in which the requested amendment supports each of the following conclusions:

            (1) The amendment to the text will not result in any building construction, land use or other development related activity which would be detrimental to or endanger the public health, safety, comfort or general welfare of the community as a whole or any portion thereof.

            (2) The amendment to the text is consistent with the spirit and intent of this zoning ordinance and comprehensive plan.

            (3) The standards contained in subsection 6-4-1(E), "Standards For Zoning Text And Map Amendments", of this title.

         (e) Any other information or documentation requested by the planning and zoning administrator.

      3.   Variations: Every application for a variation shall be accompanied by an application form as may be required by the village and the following documentation, unless specifically waived by the appropriate village official or body:

         (a) Proof of ownership of the zoning lot in question. If applicant is not the owner, a statement signed by the owner must be submitted certifying that the owner is jointly filing the application for a variation.

         (b) A plat of survey of the parcel or parcels of land comprising the zoning lot, drawn to scale showing the actual dimensions of said zoning lot, including all parcels or lots contained therein, and drawn in accordance with the recorded plat of such land.

         (c) A site plan drawn to an appropriate scale showing the zoning lot in question and adequately illustrating in a graphic manner the nature of the requested variation.

         (d) A site location map drawn to an appropriate scale indicating existing land use and zoning of all property within two hundred feet (200') of the subject property.

         (e) The characteristics of the subject property which prevent compliance with said requirements of this title.

         (f) The minimum modification of the requirements of this title that would be necessary to permit the proposed use or construction.

         (g) The manner in which the variation requested is in accordance with the standards contained in subsection 6-4-2(E), "Findings Of Fact For Variations", of this title, including support of each of the following conclusions:

            (1) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located.

            (2) That the plight of the owner is due to unique circumstances.

            (3) That the variation, if granted, will not alter the essential character of the neighborhood.

            (h) Any other information or documentation requested by the planning and zoning administrator.

      4.   Special Use Application 1 : Every application for a special use shall be accompanied by an application form as may be required by the village and the following documentation, unless specifically waived by the appropriate village official or body:

         (a) Proof of ownership of the zoning lot in question (photocopy acceptable). If applicant is not the owner, a statement signed by the owner must be submitted certifying that the owner is jointly filing the application for a special use.

         (b) A plat of survey of the parcel or parcels of land comprising the zoning lot, drawn to scale showing the actual dimensions of said zoning lot, including all parcels or lots contained therein, and drawn in accordance with the recorded plat of such land.

         (c) A site location map drawn to an appropriate scale indicating existing land use and zoning of all property within two hundred feet (200') of the subject property.

         (d) A statement indicating the manner in which the requested special use supports each of the following conclusions:

            (1) That the establishment, maintenance and operation of the special use in the specific location proposed will not endanger the public health, safety, comfort or general welfare of the community as a whole or any portion thereof.

            (2) That the proposed special use is compatible with adjacent properties and other property within the immediate vicinity.

            (3) That the special use in the specific location proposed is consistent with the spirit and intent of this zoning ordinance and the adopted comprehensive plan.

         (e) Any other information or documentation requested by the planning and zoning administrator.

      5.   Planned Unit Development 2 : Every application for a planned unit development shall be accompanied by an application form as may be required by the village and the following documentation, unless specifically waived by the appropriate village official or body:

         (a) Proof of ownership of the zoning lot in question. If applicant is not the owner, a statement signed by the owner must be submitted certifying that the owner is jointly filing the application for a planned unit development.

         (b) A site location map drawn to an appropriate scale indicating existing land use and zoning of all property within two hundred feet (200') of the subject property.

         (c) A preliminary development plan prepared in strict accordance with subsection 6-4-4(E)1, "Preliminary Plan Procedure", of this title.

         (d) A statement indicating the manner in which the requested planned unit development supports the standards of subsection 6-4-4(B), "General Standards", of this title.

         (e) Any other information or documentation required by the planning and zoning administrator.

      6.   Site Plan Review: Every application for site plan review shall be accompanied by an application form as may be required by the village and the following documentation, unless specifically waived by the appropriate village official or body:

         (a) A plat of survey of the parcel or parcels of land comprising the zoning lot, drawn to scale showing the actual dimensions of said zoning lot, including all parcels or lots contained therein, and drawn in accordance with the recorded plat of such land.

         (b) A site location map drawn to an appropriate scale indicating existing land use and zoning of all property within two hundred feet (200') of the subject property.

         (c) A site plan drawn to scale, which shall indicate, at a minimum (see also site plan specifications in subsection (C)6(d) of this section):

            (1) Property lines.

            (2) Acreage and proposed density.

            (3) Public rights of way, easements, and utilities.

            (4) Proposed and existing building footprints on the subject property and all surrounding properties, including dimensioned setbacks from property lines.

            (5) Parking space locations, dimensions and number of spaces.

            (6) Paved surfaces, materials and location(s).

            (7) Landscape plan indicating existing and proposed landscape materials and associated proposed plant materials list.

            (8) Details for screening, fencing, site lighting, and signs. Where site lighting is proposed, a photometric grid that indicates light intensity in foot-candles across the site and at all property lines shall also be required.

            (9) Architectural elevations drawn to scale and indicating building height, photographs and massing diagrams of the subject property and abutting properties that show all facades of the proposed building in its existing context.

         (d) Plans and drawings shall be a minimum scale of one inch equals forty feet (1"=40'), unless otherwise indicated. The maximum sheet size shall be twenty four inches by thirty six inches (24"x36"), and all plans shall be folded to approximately eight and one-half inches by eleven inches (81/2"x11"). The following is required on all site plan drawings:

            (1) Proposed name of the development (the proposed development shall not duplicate the name of any plat recorded in Cook County).

            (2) Drawing title and sheet title.

            (3) Exhibit number and label.

            (4) Engineering scale, both numerically and graphically.

            (5) North arrow, designated as true north.

            (6) Date of preparation of original drawing and date of any revisions.

            (7) Names, addresses, and phone and fax numbers of the owner, subdivider or developer having control of the site.

            (8) Name and professional seal of registered engineer and/or surveyor.

            (9) Name, professional seal, address, and phone number of site planner(s).

         (e) Any other information or documentation required by the planning and zoning administrator.

      7.   Occupancy Permit: Application for an occupancy permit shall be accompanied by an application form as may be required by the village. An application for an occupancy permit shall be submitted to the building commissioner.

      8.   Zoning Certificate: Application for a zoning certificate shall be submitted:

         (a) At the same time as the application for a building permit for the construction of a new building or for structural alteration of an existing building.

         (b) To the planning and zoning administrator when application for a zoning certificate is made for a change in the use of land or of a building, or for a change in a nonconforming use.

      9.   Sign Permit: Every application for a sign permit shall be accompanied by an application form as may be required by the village and the following documentation, unless specifically waived by the appropriate village official or body:

         (a) Plan drawing of the following:

            (1) Location of the building, structure or lot to which, or upon which, the sign or other advertising structure is to be attached or erected.

            (2) The position of the sign or other advertising structure in relation to nearby buildings or structures.

            (3) Sign specifications, as well as methods of construction and attachment to the building, other structure or ground. If the size of the sign exceeds one hundred (100) square feet, a structural engineer's stamp of approval may be required.

            (4) If required by the building commissioner, a copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this title, and all other laws and ordinances of the village.

            (5) The dimensions of the lot on which the sign is to be erected. In cases involving wall signs, the dimensions of the wall to which the sign will be attached are required.

         (b) Current photograph of the site and description of current signage in place and a statement as to whether such signage and sign structure shall be replaced.

         (c) A statement of written consent of the owner of the building, structure or land to which the structure is being erected or attached.

         (d) A bond and/or insurance policy as required by subsection 6-4-9(F), "Bond And Certificate Of Insurance", of this title.

         (e) Any other information or documentation required by the planning and zoning administrator.

      10.   Appeals: Every application for an appeal of a planning and zoning administrator or site plan review committee decision shall be accompanied by an application form as may be required by the village and the following documentation, unless specifically waived by the appropriate village official or body:

         (a) A statement identifying the decision of the zoning administrator or site plan review committee concerning which the notice of appeal is being filed, and citing the reason(s) why the applicant is appealing said decision.

         (b) A site plan drawn to scale showing the zoning lot in question and adequately illustrating in a graphic manner the nature of the appeal.

         (c) Any other information or documentation required by the plan commission/zoning board of appeals or village board (in the case of a site plan review committee decision notice of appeal).

      11.   Zoning Interpretation: Application for a zoning interpretation shall be accompanied by an application form as may be required by the village. An application for a zoning interpretation shall be submitted to the planning and zoning administrator.

      12.   Temporary Use Permit: Application for a temporary use permit shall be accompanied by an application form as may be required by the village. An application for a temporary use permit shall be submitted to the planning and zoning administrator.

   (D)   Completeness: The building commissioner, planning and zoning administrator, or village clerk shall determine whether the application is complete. If the application is not complete, the building commissioner, planning and zoning administrator, or village clerk shall notify the applicant of any deficiencies, and shall take no steps to process the application until the deficiencies are remedied. Once the building commissioner, planning and zoning administrator, or village clerk determine that the application is complete, the application shall be scheduled for consideration at a public hearing, where applicable.

   (E)   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, and for denying or revoking any permit or approval for the subject property. No fees shall be waived, and no fees shall be refunded, except those authorized by the village board in its sole discretion.

   (F)   Withdrawal Of Application: An applicant shall have the right to withdraw an application at any time prior to the decision on the application by a village official, commission, or board. Such withdrawal shall be in writing. There shall be no refund of fees.

   (G)   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 if a significant mistake of law or of fact affected the prior denial. Such subsequent application shall include a detailed statement of the grounds justifying its consideration. The building commissioner shall make a determination as to whether the subsequent application is making essentially the same request. If the building commissioner finds that there are no grounds for consideration of the subsequent application, he/she shall summarily, and without hearing, deny the request. (Ord. 2006-37, 12-21-2006)

   (A)   Conduct Of Public Hearings:

      1.   Public hearings will be conducted at meetings of the body conducting the hearing, or at other such times as decided by the chairperson with the approval of a majority of the body conducting the hearing.

      2.   A complete record for each public hearing will be distributed with the agenda for the next regular meeting, or as soon as a transcript is available.

      3.   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 secretary of the body conducting the hearing presents the application:

            (1) The secretary enters the application into the record by describing each accompanying exhibit with its title and number.

            (2) The secretary reads any part of the application or exhibits deemed necessary, or requested by a member of the body conducting the hearing or audience member.

         (e) Applicant presents testimony regarding the petition and associated applications. The initial oral presentation by the applicant shall be limited to ten (10) minutes for simple applications and thirty (30) minutes for complex applications. The chairperson may permit an extension of time if he/she determines that the allotted time does not provide sufficient opportunity to fairly present the application.

         (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) Followup questions from the body conducting the hearing.

         (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:

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

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

            (3) Any person presenting testimony that directly rebuts sworn testimony presented at the hearing.

   (B)   Continuances: The chairperson, with approval of the body conducting the hearing, may change or 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. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing all notices must be given that would have been required for the initial public hearing.

   (C)   Evidence And Testimony:

      1.   All 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.   All testimony and evidence shall be given under oath or by affirmation. Any person may appear at a hearing and submit evidence, upon receiving recognition from the chairperson of the body conducting the hearing. Each person who submits evidence shall identify themselves and their address. Any person may ask relevant questions of other witnesses, but only through the chairperson and at the discretion of the chairperson.

      3.   The chairperson, with consent of a two-thirds (2/3) majority of the body conducting the hearing, may limit testimony to a specific amount of time to provide a reasonable opportunity for all interested persons to testify.

      4.   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. (Ord. 2006-37, 12-21-2006)

   (A)   Published Notices: For all applications that require a public hearing, the village shall cause 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 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 For Posting Signs: The required posting period shall be fifteen (15) consecutive days, immediately prior to the hearing date (excluding the day of the hearing from the 15 day period). The sign shall be posted at a prominent location on the property, near the sidewalk or public right of way so that it is visible to passing pedestrians and motorists. Properties with more than one street frontage shall be required to post one sign visible from each street frontage.

      2.   Applicant's Responsibility For Posting Signs: It is the applicant's responsibility to erect the sign on the property and maintain it during the required fifteen (15) day period. The applicant shall verify to the plan commission/zoning board of appeals, at the time of the hearing, that the sign posting requirement has been complied with and the plan commission/zoning board of appeals may, by motion, waive any defects in said compliance.

      3.   Content Of Posted Signs: The sign, to be conspicuously posted on the subject property, shall be weatherproof and at least three feet by four feet (3' x 4') in size. The sign shall have a white background and contain the word "NOTICE" in at least six inch (6") high, red capital letters. The remaining lettering shall be a minimum of three inches (3") high and in black capital letters. The notice shall contain the following language:

      4.   Failure To Post: Failure to post for the required time will nullify the meeting.

   (C)   Mailed Notice: For public hearings for zoning map amendments, variations, or special use applications, written notice shall be mailed by regular mail and by certified mail to the owners of all properties located within two hundred fifty feet (250') from the property line of the subject property at least fifteen (15) days prior to the public hearing. The two hundred fifty feet (250') shall be measured in all directions from the perimeter of the subject property, provided that the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. 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: 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. Upon reasonable request, any person shall be entitled to copies of the application and related documents. The building commissioner, planning and zoning administrator, or village clerk shall make copies of such materials available for a fee as specified by the village. (Ord. 2006-37, 12-21-2006)