(a)

Authorization and initiation. An application for an appeal, variance, site plan review, special use, planned unit development, sign permit, building permit, certificate of occupancy or home occupation certificate may be filed by the owner of any property in the village. An application for a request for an interpretation or an ordinance amendment may be filed by the owner of any property in the village or by the village.

(b)

Filing.

(1)

All applications shall be filed with the zoning administrator.

(2)

The application shall be on forms provided by the village and shall be filed in such number as the instructions provide. The application shall include information, plans and data as specified in appendix A, submission requirements, and sufficient to determine whether the application conforms to the requirements set forth in this chapter.

(3)

All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal.

(c)

Completeness. The zoning administrator shall determine whether the application is complete. If the application is not complete, the zoning administrator shall notify the applicant of any deficiencies, and shall take no steps to process the application until the deficiencies are remedied. Once the zoning administrator determines that the application is complete, the application shall be scheduled for review or consideration at a public hearing, whichever is applicable.

(d)

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. .

(e)

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, committee or board. Such withdrawal shall be in writing. There shall be no refund of fees.

(f)

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 applicant shall include a detailed statement of the grounds justifying its consideration. The zoning administrator shall make a determination as to whether the subsequent application is making essentially the same request. If the zoning administrator finds that there are no grounds for consideration of the subsequent application, he shall summarily, and without hearing, deny the request.

(Ord. No. 08-50, § 2(exh. A(3.1)), 8-12-2008)

(a)

Conduct.

(1)

A public hearing is a formal proceeding mandated by law for the purpose of taking evidence to formulate a decision or recommendation on an issue within the jurisdiction of the zoning board of appeals/plan commission. The primary purpose of a public hearing is to allow interested parties an opportunity to listen, comment on and ask questions regarding evidence presented at any legislatively mandated proceeding.

(2)

Meetings of the zoning board of appeals/plan commission, including public hearings, shall be subject to the Illinois Open Meetings Act.

(3)

Any party to a public hearing may arrange for the proceedings to be recorded and transcribed by a certified shorthand reporter at that party's expense. The village may request a transcript at the applicant's expense. A copy of any transcript prepared shall be filed with the zoning board of appeals/plan commission and kept in the case file. The zoning board of appeals/plan commission, at its discretion, may direct the proceedings be recorded at the expense of the person initiating the petition (the "petitioner"), which is the subject of the public hearing and may require the petitioner to deposit funds sufficient to cover the cost of such recording and transcribing.

(4)

The chairperson, with the consent of two thirds majority of the body present may limit individual testimony to a specific time to provide a reasonable opportunity for all interested persons to testify.

(5)

At a public hearing, a petitioner may appear on the petitioner's own behalf or may be represented by an attorney or other agent qualified by law to represent the petitioner.

(6)

In addition to the petitioner, any person having an interest in the action which is the subject of the public hearing ("interested party") may appear at the public hearing and give testimony. If an attorney is representing an interested party, the attorney shall file an appearance with the zoning board of appeals/plan commission and serve a notice of appearance on the petitioner not less than three business days prior to the public hearing. Failure to give such notice of appearance may be grounds for continuing the public hearing to a later date.

(7)

An interested party wishing to testify at the public hearing shall state for the record the name and address.

(8)

An interested party wishing to ask questions of a witness may, at the time indicated by the chairperson, direct questions to the witness. An interested party shall give his name and address before questioning a witness. This opportunity for questioning a witness shall not be used by the questioner to offer testimony or evidence.

(9)

All persons offering testimony at a public hearing shall testify under oath. An attorney shall be sworn if he offers testimony, but not if he is questioning a witness, summarizing witness testimony, or addressing the zoning board of appeals/plan commission on procedural issues. Testimony may be given only from the witness stand.

(10)

Minutes, a transcript or summary notes will be distributed with the agenda for the next regular zoning board of appeals/plan commission meeting, or as soon as such may be reasonably available.

(b)

Continuances. The chairperson, with approval of the zoning board of appeals/plan commission, 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 specific date, 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 specific date, in order to reopen the hearing, all notices must be given that would have been required for the initial public hearing.

(Ord. No. 08-50, § 2(exh. A(3.2)), 8-12-2008)

(a)

Published notices. For all applications that require a public hearing, the village shall publish notice 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 15 days, nor more than 30 days, in advance of the scheduled hearing date. The applicant shall reimburse the village for the cost of publication.

(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 15 consecutive days, immediately prior to the public hearing date (excluding the public hearing date). 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. The applicant shall obtain the sign from the village but it shall be the applicant's responsibility to erect the sign on the property and maintain it during the required 15-day period. The applicant shall verify to the zoning board of appeals/plan commission at the time of the hearing that the sign posting requirement has been met. The zoning board of appeals/plan commission may, by motion, waive any defects in the compliance.

(3)

Content of posted signs. The sign to be posted shall be obtained from the village and shall be conspicuously posted on the subject property. The notice shall contain the following or similar language:

"This Property is the Subject of a (Name Development Application) Before the Sauk Village zoning board of appeals/plan commission on (Date) at (Time) at (Location)."

(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, the applicant shall provide written notice to be mailed by certified mail to the owners of all properties located within 250 feet from the property line of the subject property at least 15 days, and no more than 30 days, prior to the public hearing. The 250 feet 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 250-foot requirement. The giving of notice pursuant to this section shall not be construed to prevent the applicant from giving such additional notice as the applicant may deem appropriate. The giving of notice and all costs shall be the applicant's responsibility.

(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. Upon reasonable request, any person shall be entitled to copies of the application and related documents. The village clerk shall make copies of such materials available for a fee as specified by the village.

(Ord. No. 08-50, § 2(exh. A(3.3)), 8-12-2008)