This is a general description of the zoning process used for applications for zoning permits that must go to the Planning and Zoning Commission and later the Village Board for action. See Article IX and this article below for exceptions and clarifications.
This general process is given to aid the applicant through the
zoning process. The process, review standards, permits and duties
of the participants are explained in more detail elsewhere in this
chapter.
A.
Preapplication consultation. It is recommended that, prior to the
filing of an application for action under this chapter, the applicant
should consult with the Village personnel in order to obtain their
advice and assistance. This consultation is neither mandatory nor
binding but is intended to inform the applicant of the purpose and
objectives of these regulations and duly adopted implementation devices
of the Village and to otherwise assist the applicant in planning his
development. In so doing, both the applicant and staff may reach mutual
conclusions regarding the general objectives of the proposed development.
The staff may become familiar with possible effects of development
on the neighborhood and community, and the applicant will gain a better
understanding of the required procedures.
B.
Application. The applicant shall obtain the appropriate forms from
the Village Clerk and file the application and required information
with the Village Clerk. There shall be 15 copies of the application
filed with the Clerk 45 days prior to the meeting in which it will
be considered. All maps, drawings (except required scaled drawings)
and applications shall be done in a manner which is clearly reproducible
with a photocopier onto paper 8.5 by 11 inches or 11 by 17 inches.
C.
Application review. The Village Clerk or designated Village official
shall determine whether the application is complete and fulfills the
requirements of this chapter and will determine what action the application
requires and advise the applicant. If the Building Inspector/Zoning
Administrator or designated person determines that the application
is not complete or does not fulfill the requirements of this chapter,
the Building Inspector/Zoning Administrator or designated person shall
return the application to the applicant. The Building Inspector/Zoning
Administrator or designated person will approve requests within his/her
authority and forward applications needing further review to the Planning
and Zoning Commission.
D.
Planning and Zoning Commission process. The Planning and Zoning Commission
may recommend that the Village Board approve or deny these permits:
E.
Planning and Zoning Commission actions. The Planning and Zoning Commission
may take several actions:
F.
Schedule meeting. If the application requires review and action by
the Planning and Zoning Commission, the Building Inspector/Zoning
Administrator or designated person will send the application to the
Clerk for distribution to the Planning and Zoning Commission. The
Planning and Zoning Commission shall schedule a reasonable time and
place for a public meeting to consider the application within 45 days
after the acceptance and determination of the complete application.
G.
Presentation at Planning and Zoning Commission meeting. Applicants
are encouraged to be present and explain their project at the meeting
in which their application is scheduled for consideration. The applicant
may appear in person or by agent. The applicant is encouraged to make
a clear presentation and may use visual aids such as handouts, drawings,
photos and/or videos.
H.
Consideration. The Planning and Zoning Commission will consider the
information that has been presented to determine if the project:
(1)
Conforms to the Land Use Master Plan.
(2)
Conforms to this chapter.
(3)
Promotes compatible development.
(4)
Stabilizes or enhances property values.
(5)
Fosters the attractiveness and functional utility of the Village
as a place to live and work.
(6)
Preserves the character and quality of the built environment.
(7)
Maintains the integrity of those areas which have a discernible natural
or historical character.
(8)
Protects public investments.
(9)
Offers no threat to public health and safety.
I.
Additional project information. The Planning and Zoning Commission
may request information about the project, such as existing and proposed
uses and structures; neighboring uses; site plans; landscaping and
architectural plans for proposed structures; circulation issues such
as driveway locations, highway access and parking; and utility information
such as drainage, sewerage, water system and site lighting. If the
project involves access to a public right-of-way, consent of the agency
responsible for the right-of-way is required. Consent of the agency
responsible for the utility, such as sewer and water, is required
if the project involves increased use of a public utility.
J.
Additional impact information. The Planning and Zoning Commission
may also request information about the impact of the project on the
community, such as increased traffic on public streets, increased
school capacity, soil limitations, sewage disposal, stormwater disposal,
sediment control, fire protection requirements, architectural character,
visual impact from public areas, and emission of: smoke, noise, dust,
dirt, light, vibrations, and odorous or noxious gases.
K.
Modifications or conditions. The Planning and Zoning Commission may
suggest modifications or conditions that are necessary to fulfill
the purpose and intent of this chapter. Modifications or conditions
may include, but are not limited to, landscaping, stormwater management,
architectural design, type of construction, construction commencement
and completion dates, sureties, lighting, fencing, planting screens,
operational control, hours of operation, improved traffic circulation,
deed restrictions, highway access restrictions, increased yards, parking
requirements, or emissions control.
L.
Review and recommendations to Village Board. The Planning and Zoning
Commission shall review and recommend to the Village Board for review
and action all applications requiring Village Board action. These
applications may include, but are not be limited to:
(1)
Subdivision plats (preliminary, construction drawings and final plats).
(2)
Certified survey maps.
(3)
Zoning ordinance changes and modifications.
(4)
Commercial, industrial and multifamily site plans.
(5)
Conditional use permits and planned unit developments.
(6)
Temporary structure permits.
[Added 7-9-2018]
M.
Public hearing. The Planning and Zoning Commission will hold a public hearing on all zoning changes and conditional use permits. The purpose of the public hearing is to get citizen comment on the application. The applicant will be expected to present his proposal, with the public having the opportunity to comment. The applicant may appear in person or by agent. Refer to Subsection G.
N.
Village Board action. The Village Board shall review the application
and public comment and approve, approve with conditions, or deny,
in writing, the application within 30 days of first consideration
of the action before the Village Board, unless the time is extended
by written agreement with the applicant.
O.
Effect of denial.
(1)
Resubmittal. No application which has been denied shall be resubmitted
for a period of six months from the date of denial, except on the
grounds of new facts or proof of change of factors used as the basis
for the Village Board decision.
(2)
Appeal. If an applicant is not satisfied with a Village Board decision
regarding a conditional use, zoning amendment or planned unit development,
the applicant may have the decision reviewed in the Circuit Court
through a writ of certiorari. Other matters can be appealed directly
to the Zoning Board of Appeals.
P.
Final submittal. When an applicant receives conditional approval
and needs to make changes to the application or plan as required by
the Planning and Zoning Commission or Village Board, the applicant
shall make such changes and submit plans to the Building Inspector/Zoning
Administrator or designated person. The Building Inspector/Zoning
Administrator or designated person shall review for compliance with
required changes, modifications, conditions and issue a permit after
determining that all the required conditions of this chapter are satisfied.
Q.
Protest. A protest against an amendment to this chapter or the Official
Map or to the regulations of this chapter can be filed with the Village
Clerk.
(1)
The
protest must be duly signed and acknowledged either by:
(a)
The owners of 20% or more of the area of the land included in such
proposed change;
(b)
Owners of 20% or more of the area of land immediately adjacent, extending
100 feet from the land included in such proposed change; or
(c)
The owners of 20% or more of the land directly opposite the street
of the land included in such proposed change, extending 100 feet from
the street frontage of such opposite land.
(2)
Such
amendment shall not become effective except by the favorable vote
of 3/4 of the members of the Village Board.
