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 Evanston
 Code of Ordinances
 Title 6. ZONING
 Chapter 3. IMPLEMENTATION AND ADMINISTRATION

  § 6-3-6-8. REVIEW PROCEDURE; DECISION.  

Latest version.

  • (A)

    Public Hearing: All applications for planned developments will be given priority review by the Zoning Administrator. Upon the review of an application for a planned development, the Zoning Administrator shall, pursuant to Section 6-3-3-1, notify the developer of any deficiencies and or modifications necessary to perfect the planned development application. After determining that the application is complete pursuant to Section 6-3-3-1, the Zoning Administrator shall at the same time schedule a public hearing to be held by the Plan Commission at which time a formal presentation of the planned development application will be presented. The public hearing shall be held not less than fifteen (15) calendar days and no more than thirty (30) calendar days from the date of receipt of the complete application.

    (B)

    General Notice of Public Hearing: The Zoning Administrator shall cause notice to be published of a public hearing to be held by the Plan Commission. The public notice shall be published a minimum of fifteen (15) days prior to the hearing date and a maximum of thirty (30) days prior to the hearing date. 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 one thousand (1,000) foot radius of the property lines of the subject property, inclusive of public roads, streets, alleys and other public ways from the subject property 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 hearing. 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:

    1.

    A statement indicating that the petition is a request for a planned development;

    2.

    The address of the subject property requesting the planned development;

    3.

    The current zoning classification of the property requesting the planned development;

    4.

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

    5.

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

    6.

    Any other information requested by the Plan Commission; and

    7.

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

    (E)

    Recommendation: The Plan Commission shall conduct a public hearing to review the application for the proposed planned development. The Plan Commission shall make a recommendation within sixty (60) calendar days of the close of the public hearing to the City Council for its decision in accordance with the procedures for special uses set forth in Section 6-3-5-8. The Plan Commission may, upon agreement with the applicant, extend the sixty (60) calendar day review period. The maximum length of any extension, however, shall be limited to ninety (90) calendar days.

    (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 6-3-6-B(F).

(Ord. No. 68-O-14, § 6, 8-11-2014; Ord. No. 49-O-16 , § 4, 7-25-2016; Ord. No. 44-O-17 , § 7, 9-11-2017)