eLaws | eCases | Illinois Compiled Statutes | Illinois Administrative Code | Illinois Courts | Counties & Cities of Illinois | Code of Federal Regulations | United States Code |
 Evanston
 Code of Ordinances
 Title 6. ZONING
 Chapter 3. IMPLEMENTATION AND ADMINISTRATION

  § 6-3-5-7. REVIEW PROCEDURE; RECOMMENDATION.  

Latest version.

  • (A)

    Review Procedure: After determining that the special use application is complete pursuant to Section 6-3-3-1, the Zoning Administrator shall prepare and forward his written recommendation accompanied by the Design and Project Review Committee's written report to the Plan Commission, in the case of planned developments, and to the Zoning Board of Appeals for all other categories of special uses. At the same time, the Zoning Administrator shall, in the case of a planned development, cause notice of a public hearing before the Plan Commission to be published pursuant to Section 6-3-6-8. In the case of all other special uses, the Zoning Administrator shall cause notice of a public hearing before the Zoning Board of Appeals to be published not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing.

    (B)

    General Notice of Public Hearing: In the case of a planned development, notice of the public hearing required by Subsection 6-3-5-7(A) shall be given by the Zoning Administrator pursuant to Section 6-3-6-8. In the case of all other special uses, the Zoning Administrator shall cause notice of a public hearing before the Zoning Board of Appeals to be published not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

    (C)

    Mailed Notices Required: The City will provide notice, through the use of a third party service, by first class mail to all owners of property within a five hundred (500) foot radius of the property lines of the subject property, inclusive of public roads, streets, alleys and other public ways whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The failure of delivery of such notice, however, does not invalidate any such amendment Such notice is sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

    (D)

    Content of Published and Mailed Notices: Published and mailed notices shall contain the time, date, and place of the public hearing. Additionally, the published and mailed notices shall contain the following:

    (a)

    A statement indicating that the petition is a request for special use approval;

    (b)

    The address of the subject property requesting the special use;

    (c)

    The current zoning classification of the property requesting the special use;

    (d)

    The time and place where the petition proposing to amend the Zoning Ordinance will be available for examination for a period of at least ten (10) days prior to the public hearing;

    (e)

    The name of the person responsible for giving notice of the public hearing by publication or by mail, or by publication and mail;

    (f)

    Any other information requested by the commission or board, as the case may be; and

    (g)

    A statement that after the conclusion of the hearing the matter will be submitted to the City Council for its action.

    (E)

    Recommendations: All written recommendations and reports forwarded by the Zoning Administrator shall be considered at the public hearing. At the conclusion of the public hearing, the commission or board, as the case may be, shall recommend, based on written findings of fact, that the council: 1) approve the special use; 2) approve the special use subject to conditions; or 3) deny the special use.

    (F)

    Continued Hearings or Meetings: In the instance a hearing or meeting is continued to a date certain, the date and time of the continued hearing or meeting shall be announced at the time and place of the hearing being continued, and the continued hearing's notice requirements shall be deemed satisfied. If for any reason the continued hearing or meeting date or time needs to be changed, the Zoning Administrator shall, in his or her best effort, provide the public with the new date and time of the continued hearing by:

    1.

    Posting the continued meeting or hearing notice at the Civic Center; and

    2.

    Posting the continued meeting or hearing notice on the City's website.

    Failure to provide such notice, however, shall not invalidate any such continued hearing or meeting.

    (G)

    In the event a quorum is not present for the initial meeting or a continued meeting, a majority of the board or commission members present may reschedule the meeting to a new date and time. No additional mailed or published notices shall be required for meetings continued as provided in Section 6-3-5-7(F).

(Ord. No. 43-O-93; Ord. 102-0-94; Ord. No. 68-O-14, § 4, 8-11-2014; Ord. No. 50-O-14, § 4, 10-27-2014; Ord. No. 49-O-16 , § 2, 7-25-2016; Ord. No. 44-O-17 , § 5, 9-11-2017)