E. - Notice requirements for appeals, variations, amendments and special use permits.  


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  • 1.

    Publication of notice:

    a.

    No public hearing before either the zoning board of appeals or the planning commission on any appeal, or request or petition for variation, amendment, planned unit development or special use shall be held unless the notice of time and place of the hearing is published at least once, in one or more newspapers published in the village, or if none, then in one or more newspapers with a general circulation within the village.

    b.

    The village clerk shall cause said notice to be published not more than 30 nor less than 15 days before the hearing.

    2.

    Notice to adjacent owners:

    a.

    Each petition or application for an appeal, variation, zoning map amendment, planned unit development, or special use shall be prepared by the petitioner.

    b.

    Said petition or application shall include a list of all owners, as disclosed by the records of the DeKalb Supervisor of Assessments of all property within 250 feet in each direction of the parcel, exclusive of road rights-of-way.

    c.

    The petitioner shall cause notice of the public hearing to be mailed to property owners at the addresses identified on the list, not less than 15, nor more than 30 days before the hearing. Said notice shall include, at a minimum, information set forth in section E.3. of this article. The village board may waive any irregularity or failure to notify all property owners by the passage of an ordinance granting the petitioner's request.

    d.

    Said mailing shall be registered mail, return receipt requested, and shall be accomplished at the expense of the petitioner or applicant.

    e.

    The applicant shall furnish to the village clerk at least seven days prior to the hearing a copy of the notice to adjacent property owners, provide the return receipts, and provide a written statement certifying that he or she has complied with the requirements of this section. The planning commission or zoning board of appeals shall only hear a petition for variation, appeal, special use, or amendment if the applicant furnishes the list and certificate herein described.

    3.

    Content of Notice: The notice of public hearing shall include at least the following information:

    a.

    The address and/or location of the property for which the appeal, variation, amendment, or special use is requested;

    b.

    A brief statement of the nature of the request;

    c.

    Existing zoning classification;

    d.

    Proposed zoning, if applicable;

    e.

    Requested exceptions from applicable regulations of the zoning ordinance, if applicable;

    f.

    The name and address of the legal and beneficial owner of the property for which the variation is requested;

    g.

    The name and address of the petitioner;

    h.

    A legal description of the subject property; and

    i.

    The time, date and location of the public hearing.

    4.

    Continuation of public hearings: The zoning board of appeals or the planning commission shall hold at least one public hearing on the proposed variation, amendment, planned unit development or special use. However, public hearings may be continued by either the zoning board of appeals or the planning commission, from time to time, without further notices being published, subject to compliance with the Illinois Open Meetings Act.