A.

Before making a decision on an appeal or an application for a variance, special use permit, petition to amend the official map, or a petition from the administrator to revoke a special permit, the board of appeals or the planning commission, as the case may be, shall hold a hearing on the appeal, application, or petition.

B.

Subject to subsection C of this section, the hearing shall be open to the public and all persons interested in the outcome of the appeal or application (interested parties) shall be given an opportunity to present evidence or arguments and ask questions of persons who testify.

C.

The zoning board of appeals (ZBA) or planning commission may adopt procedural rules for the purpose of identifying interested parties, placing reasonable and equitable limitations on the presentation of evidence or arguments and the cross-examination of witnesses, and conducting the public hearing so that the matter at issue may be heard and decided without undue delay. The following rules shall apply to a hearing before the planning commission:

1.

All hearings before the plan commission shall be subject to the Illinois Open Meetings Act.

2.

The chair may impose reasonable limitations on evidence or testimony presented by persons and interested parties, such as limiting the time to present evidence or cross examine witnesses, and barring repetitious, irrelevant or immaterial evidence. Time limits, if imposed, shall be fair, and equitably administered.

3.

The plan commission will not be bound by strict rules of evidence.

4.

The chair may impose reasonable conditions on the hearing process based on the following factors:

a.

The complexity of the issue;

b.

Whether the witness possesses special expertise;

c.

Whether the testimony reflects a matter of taste or personal opinion;

d.

Whether the testimony concerns a disputed issue of fact;

e.

The degree to which the witness's testimony relates to the factors to be considered in approving or denying the proposal;

f.

Such other factors reasonably appropriate for the hearing.

5.

The chair will rule on all questions related to the hearing process and the admissibility of evidence, which rulings may be overruled by a majority of a quorum of the plan commission.

6.

The chair may take such actions as are required to maintain an orderly and civil hearing.

7.

A record of proceedings shall be made as directed by the chair. If considering a special use permit application the record shall be a verbatim record transcribed by a qualified court reporter.

8.

At a public hearing, the petitioner may appear on his or her own behalf or may be represented by an attorney.

9.

The city of Streator will be a party in every proceeding, but need not appear.

10.

In addition to the petitioner, any person may appear and present evidence at the hearing, and any person, identified by the chair as an interested party, may cross-examine witnesses.

11.

Any person participating shall identify himself or herself for the record, either orally or in writing, and indicate if an attorney represents him.

12.

The cross-examination of a witness shall not be used by the cross examiner to offer testimony or evidence of the cross examiner.

13.

All persons offering testimony or evidence at a hearing shall testify under oath.

14.

The order of proceeding at a public hearing will generally be as follows, but may be modified as determined appropriate by the chair:

a.

Identification of petitioner by the chair;

b.

Identification of interested parties by the chair;

c.

Filing the proof of notice with the record;

d.

Pre-hearing discussion conducted by the chair, including the petitioner and the interested parties, to:

i.

Obtain any stipulations regarding the issues to be heard,

ii.

Establish the order of the interested parties in cross examination and presentation of evidence;

e.

Petitioner presents testimony and any other evidence;

f.

Cross-examination of petitioner's witnesses by interested parties;

g.

Plan commission's examination of petitioner's witnesses;

h.

Interested parties present testimony and any other evidence;

i.

Cross-examination of interested parties' witnesses by petitioner;

j.

Plan commission's examination of petitioner's witnesses;

k.

Report by city staff, if any;

l.

Summary/closing by petitioner;

m.

Summary/closing by interested parties;

n.

Rebuttal/closing by petitioner.

15.

The identification per subsection (C)(14)(b) of this section and participation per subsections (C)(14)(d), (C)(14)(f), (C)(14)(i) and (C)(14)(m) of this section will be at the discretion of the chair, except in hearings on the issuance of a special use permit, in which case those provisions will be mandatory.

16.

At the conclusion of the evidentiary portion of the public hearing, the plan commission may, among other actions, move to deliberate its decision on the evidence presented in executive session, or continue the hearing to a date, time and location certain.

17.

In the case of a special use permit application a written decision shall be prepared which will include findings of fact and the plan commission's decision based upon the record. In other cases the planning commission shall make a recommendation to the city council or hold over the matter per the requirements of this chapter.

18.

These rules for public hearing may be amended by a vote of a majority of the plan commission, provided proper public notice is given per the requirements of this title.

D.

The ZBA or commission may continue the hearing until a subsequent meeting. No further notice of a continued hearing need be published unless a period of six weeks or more elapses between hearing dates.

E.

The administrator shall attempt to ensure that all applications are completely filled out and signed by the property owner prior to accepting the application for processing. Permit applications shall be submitted to the proper board that will make a determination if the application is complete. If it is not complete the application will be rejected and the applicant shall have to resubmit the application along with paying additional application fees.

(Ord. 2004/05-48 § 1 (part))

The administrator shall give notice of any hearing required by Section 17.20.010 as follows:

A.

Notice shall be given to the appellant, applicant, or petitioner and any other person who makes a written request for such notice by mailing to such persons a written notice not later than five days before the hearing.

B.

Notice shall be given to neighboring property owners by mailing a written notice not later than five days before the hearing to the owners of property located within two hundred fifty (250) feet of the lot that is the subject of the application, appeal or petition. Such notice shall be sent to the owners as they appear from the tax records of LaSalle or Livingston County, as shown on a list prepared by the applicant. The applicant shall be required to submit to the city evidence satisfactory to the city indicating the identity of all such owners required to receive notice, together with an affidavit certifying that the applicant has complied with this requirement.

C.

In the case of variances, special use permits, and petitions to amend the official map or text of the zoning title notice shall be given to other potentially interested persons by publishing a notice one time in a newspaper having general circulation in the area not less than fifteen (15) nor more than thirty (30) days prior to the hearing.

D.

Content.

1.

For other than special use permits the notice required by this section shall state the date, time, and place of hearing reasonable identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed.

2.

For special use permits the notice required by this section shall reasonably identify the lot that is the subject of the application or appeal and be substantially as follows:

CITY OF STREATOR NOTICE OF PUBLIC HEARING

Please take notice that a special use petition has been filed by (name of petitioner) to (action sought) affecting the following described real estate:

(Legal description of real estate) (Common address of real estate) (Property Index Number of real estate)

A Hearing upon the Petition will take place on (date of hearing) before the (Planning Commissioner/Zoning Board of Appeals) in the City Council Chambers, City Hall, at 204 South Bloomington Street, Streator, Illinois 61364.

All persons in attendance at the hearing shall have an opportunity to be heard. Any person who also wishes to appear as an "Interested Party" with the right to cross-examine witnesses at the hearing must complete and file an appearance setting forth your name, address and the nature of your interest in the issue with the City Clerk, City Hall, 204 South Bloomington Street, Streator, Illinois 61364 no later than three business days before the date of the hearing. Appearance forms are available from the City Clerk during regular business hours.

(Ord. 2004/05-48 § 1 (part))

A.

The provisions of this section apply to all hearings for appeals, applications for variance, and petitions to issue or revoke a special use permit.

B.

All persons who appear in front of the ZBA, planning commission, or city council (in the case of a zoning matter), as the case may be shall be sworn.

C.

For special use permits or cases of revocation of them all findings and conclusions necessary to the issuance or denial of the requested permit shall be based upon reliable evidence and sworn testimony. The planning commission, acting in a quasi-judicial setting, when considering a special use permit is not bound by the strict rules of evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may findings be assessed solely upon incompetent evidence unless competent evidence is not reasonably available.

(Ord. 2004/05-48 § 1 (part))

A.

In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the city council, planning commission, or ZBA, the applicant may agree to modify his or her application or petition, including the plans and specifications submitted.

B.

Unless such modifications are so substantial or extensive that the ZBA, planning commission, or city council cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the administrator for review and final approved.

(Ord. 2004/05-48 § 1 (part))

A.

A tape recording shall be made of all hearings required by Section 17.20.010 kept for at least two years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made, except for special use cases or their revocation, for which a transcript will be required.

B.

Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the city for at least two years. This is a mandatory requirement for cases affecting special uses.

(Ord. 2004/05-48 § 1 (part))

A.

Any decision made by the ZBA, planning commission, or the city council regarding an appeal or variance or issuance or revocation of a special permit shall be reduced to writing and served upon the applicant, appellant, or petitioner and all other persons who make a written request for a copy.

B.

In addition to the statements of the ZBA, planning commission, or city council ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the findings and conclusions, as well as supporting reasons or facts, whenever this title requires the same as a prerequisite to taking action.

(Ord. 2004/05-48 § 1 (part))