Any person, corporation, firm, or agent thereof, or public official of the Village of Harristown wishing to petition for a change in this Code, a rezoning in land use classification as established by this Code, or seeking relief from the provisions of this Code, or in any other way seeking modification of the zoning regulations shall be required to follow the steps and procedures as contained within this article.
(A) 
The preapplication conference and investigations. This Code requires that before the Board may accept for public hearing or recommendation any zoning petition, the petitioner or his agents shall first meet with the Village Zoning Officer to discuss the appropriate procedures. The Zoning Officer may at his discretion request the petitioner to meet with the planning staff. In a case of a rezoning involving a planned development, commercial or industrial request, or involving a tract of land more than five acres in size, the petitioner may also be required to have a preapplication meeting with the Commission.
(1) 
The purposes of the preapplication meeting are as follows:
(a) 
To explain to the petitioner the provisions of this Code and other applicable Village codes and ordinances.
(b) 
To determine whether or not any other Village actions such as subdivision, vacation, or annexation are necessary for the development of the land.
(c) 
To determine exactly what the zoning petition should contain and what procedure should be followed prior to the setting of the public hearing.
(d) 
To discuss the compatibility of a petition with the Village's officially adopted Comprehensive Plan and official maps.
(e) 
To determine if the petitioner has made necessary investigations to ensure that his property can be developed properly upon obtaining the classification he seeks.
(f) 
To acquaint the developer with the technical planning assistance available through the planning staff.
(2) 
Information needed for preapplication conference. The petitioner should have a legal description and map of his property showing surrounding land uses at the time of this meeting with the Village Zoning Officer, Commission, or planning staff. Other information, such as soil types, topographical maps, and other data related to the site's suitability for its development, would be helpful.
Upon satisfying the preapplication requirements, the petitioner may then proceed to file a zoning petition with the Village. This petition must include the following to be entitled to Village consideration.
A petition, properly filled out on the Village form including the following information:
(A) 
Name and address(es) of petitioner(s).
(B) 
Name and address(es) of owner(s).
(C) 
Name and address(es) of any agent(s) representing the petitioner(s).
(D) 
A legal description of the property which allows the property to be located on any map without having to check the Recorder of Deeds office.
(E) 
A common description of the property.
(F) 
Existing zoning classification of property.
(G) 
Zoning classification being sought.
(H) 
The names and addresses of all abutting landowners.
(I) 
A statement concerning the proposed use of the property.
(J) 
In cases of variances, the special hardships that exist which would qualify the petitioner(s) for a variance.
(K) 
In cases of special uses or planned unit developments, a detailed statement as to the proposed use of the property.
A scaled map showing the dimensions of the property and the zoning of the surrounding properties.
Appropriate fees as required by the schedule in Section 40-2-18 of this article.
Upon submission of the above, the Officer shall take one copy of the petition, sign such petition, and place the fee amount on the petition. The petitioner shall then take the petition and map to the Village Clerk, who shall formally accept the petition for filing and collect the fees as required by the Zoning Officer.
Upon receiving any petition, the Village Clerk shall notify the Chairman of the Commission of the petition. The Chairman shall then set a date for action on the petition. Notice shall be given of the time and place of the hearing, not more than 30 nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers published in the municipality, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the municipality.
At the date of the public hearing the petitioner or his representative shall be prepared to submit his case to the Commission. The Commission shall then take a vote of its membership and shall report the findings to the Board by a written notice.
On all matters which require action of the Board, the Board shall, within 30 days after receiving the recommendation of the Commission concerning a zoning petition, take whatever action they deem appropriate, except that no petition may be tabled for more than 90 days. Any petition, tabled for more than 90 days shall be considered to have been denied.
Appeals to the Commission may be taken by any person aggrieved or by any officer or department of the governing body of the Village affected by any decision of the Administrative Officer in person or by agent or attorney.
(A) 
Filing of appeals. An appeal must be made within 30 days of the action of the administrative official appealed from. The applicant must file a notice of appeal with the administrative official from who the appeal is being taken and with the Commission. Such notice shall be made on the form provided for that purpose. The administrative official from whom the appeal is taken shall be responsible, at the direction of the Commission, for providing any applicant with the proper forms, and for instructing the parties concerned on the proper manner for completing and filing said forms. All information required thereon shall be completed before an appeal is considered filed. Six copies of the proper appeal form shall be filed with the Commission.
(B) 
Fees. A fee as specified in Section 40-2-18 shall be deposited with the secretary for each petition filed.
(C) 
Amendments to appeals. Appeals may be amended 15 days prior to the public hearing thereon.
(D) 
Notice to applicant. The applicant shall be notified by letter within five days of the hearing on his application or his failure to complete his application properly.
(E) 
Hearing. The Commission shall fix a reasonable time for the hearing of appeal, giving public notice thereof as well as notice due to the parties in interest, and decide the same within a reasonable time.
(F) 
Stays. An appeal stays all proceeding in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Commission after the notice is filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause eminent peril of life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board or a Court of Record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.
(G) 
Judicial review. All final administrative decisions of the Commission hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Act and all amendments and modifications thereof.
On all matters receiving final action by the Commission or the Board, there shall be a letter sent to the petitioner, informing him of the action. One copy of this letter shall be placed in the permanent zoning files of the Village. The Village Clerk shall also, periodically, update the official Village Zoning Maps. Variances, nonconforming uses, and special use permits shall not be shown on the maps, but adequate records shall be kept on these.