The following procedure shall be used for requests for a variation, special use, planned unit development, text amendment and map amendment petitions. Additional information specific to each of those requests can be found under the section specific to those requests.

An application for a variation, special use, planned unit development, text amendment or map amendment shall be filed in writing with the Zoning Administrator on a form prescribed by the Zoning Administrator. The application shall be accompanied by such plans and/or data prescribed by the Planning and Zoning Commission and Zoning Administrator. For application requirements related to planned unit developments, see Chapter 17.44 Planned Unit Developments.

The Zoning Administrator shall determine whether the application is complete. Complete applications shall be forwarded to the Planning and Zoning Commission with a request to review the application and accompanying data, conduct a public hearing thereon where required, and submit written findings of fact and recommendations thereon to the Village Board. If the application is incomplete, the Zoning Administrator shall notify the applicant and no steps shall be taken to process the application until the deficiencies are rectified.

Petitions may be proposed by any governmental body, or by any person or organization having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable.

A. Published notice. For all applications that require a public hearing, the applicant shall publish notice in a newspaper published in the Village, or if no newspaper is published in the Village, 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 and property index number of the subject property, as well as a brief statement of the zoning relief sought. Such notice shall be published no 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 certificate of publication evidencing publication in conformance with this subsection.

B. Mailed notice. All public hearings for variances, special uses, planned unit developments and map amendments require written notice, on forms provided by the Zoning Administrator, to be mailed by the applicant no less than fifteen (15), but not more than thirty (30), days prior to the public hearing to the owners/occupants and taxpayers of record as shown in the on-line records of the Lake County Treasurer, of all properties located within two hundred fifty (250) feet from each of the property lines of the subject property. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant, and the address and property index number of the subject property, as well as a brief statement of the zoning relief sought. The applicant shall provide the Village with an affidavit stating that notice was mailed in conformance with this subsection.

C. Posted sign notices. The applicant shall post a sign on the subject property for all public hearings for variances, special uses, planned unit developments, and map amendments in accordance with the following provisions: 1. Location and time period for posting signs. The required posting period shall be no less than fifteen (15) consecutive days, but no more than thirty (30) days, prior to the public hearing (excluding the day of the hearing from this 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 (1) street frontage shall be required to post one (1) sign visible from each street frontage. Where multiple contiguous properties or areas are the subject of a proposed map amendment, signs need not be posted on each individual property, but instead may be posted at points of entry and other prominent locations within the perimeter of the area or as otherwise deemed necessary by the Zoning Administrator. 2. Responsibility for posting signs. The Village shall provide and the applicant shall erect the sign on the property. The applicant must maintain the sign during the required period. 3. Failure to post. Where signs are compromised due to vandalism, weather, accidental damage, removal by third parties, or for other reasons, it shall not constitute grounds for suspension or continuance of the approval process or otherwise act to invalidate any action taken. 4. Removal. Posted notices shall be removed by the applicant from the subject property within fifteen (15) days after the public hearing has been held.

Within forty-five (45) days of receipt of any complete application, the Planning and Zoning Commission shall hold a public hearing on the application, at such time and place as shall be established by the notice of such hearing. The hearing shall be conducted and a record of the proceedings shall be preserved. All public hearings shall be subject to the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), as amended. The Planning and Zoning Commission may continue the public hearing. 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.

Except as such time is extended by mutual consent of the Planning and Zoning Commission and an applicant, the Planning and Zoning Commission shall make a recommendation within ninety (90) days from the date of receipt of the completed application, or it shall be deemed to have been denied. The Planning and Zoning Commission may, as part of its recommendation, impose such conditions and restrictions upon the premises benefited by the petition as may be necessary to comply with the standards established in this Chapter and the objectives of this Title.

The Planning and Zoning Commission may, as part of its recommendation, stipulate any conditions and restrictions upon the establishment, location, construction, maintenance and operation of the use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein.

A. The Village Board shall not act upon a proposed petition until it has received a written report and recommendation from the Planning and Zoning Commission on the proposed petition.

B. The Village Board may grant, grant with conditions, or deny, by ordinance or resolution, any petition.

C. In all cases where the Village Board permits the establishment of a special use, the terms of the relief granted shall be specifically set forth in the ordinance or resolution.

D. The Village Board may grant or deny any application for an amendment; provided, however, that in case of a written protest against any proposed map amendment, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty (20) percent of the frontage immediately opposite the frontage proposed to be altered, is filed with the Village, the amendment shall not be passed, except by a favorable vote of two-thirds (2/3) of the Village Board members then holding office.

E. If an application is not acted upon finally by the Village Board within ninety (90) days of the date the Village Board received the Planning and Zoning Commission recommendation, and such time is not extended by mutual consent of the Village Board and applicant, it shall be deemed to have been denied.

A. Where the Village Board has granted a variance or special use permit pursuant to the provisions of this Title, such variance or special use permit shall become null and void unless work thereon is substantially underway within six (6) months of date of the approval of such variance or special use permit, and completed within eighteen (18) months of the issuance of such permit.

B. Whenever any special use has been discontinued for a period of six (6) consecutive months, or whenever there is evidence of a clear intent on the part of the owner to abandon any portion of the special use, the special use permit shall be considered terminated without further action by the Village Board.

C. Unless otherwise limited by the Village Board, the special use runs with the property, not the individual.

D. No use that was authorized by a special use permit that has terminated, abandoned, unused, or expired shall be re-established unless the Village Board grants a new special use permit in accordance with this Chapter. In reviewing such a request, the Village Board shall not be obligated to consider the approval of, or the condition of, any prior special use permit as precedent.

E. A special use permit may be revoked if the special use as established or constructed on the site does not conform to the established conditions for approval. The Zoning Administrator will be responsible for advising the Village Board of any violations and the Village Board may then schedule a public hearing before the Village Board to consider revoking the special use permit. After conducting the public hearing, the Village Board shall then render a final judgment on rescinding the special use permit and accompanying ordinance.

F. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by the Village Board. Fees for withdrawn applications will not be refunded.

G. A successive application for an application that has been denied shall not be reviewed or heard within one (1) year after the date of denial, except if substantial new information has become known since the denial. A successive application filed within one year of the date of denial shall include detailed information that justifies its consideration. The Zoning Administrator shall determine whether a successive application is appropriate for submittal.