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O-28-04 06/28/04VILLAGE OF LEMONT ORDINANCE NO. O 9 T AN ORDINANCE AMENDING LEMONT ZONING ORDINANCE NO. 0 -25 -99 (Special Use Procedures, Sections XVIII. I. 3-6) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 28th day of June, 2004 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois on this 28th day of June, 2004. ORDINANCE NO.69'4, d V AN ORDINANCE AMENDING LEMONT ZONING ORDINANCE NO. 0 -25 -99 (Special Use Procedures, Sections XVIII. I. 3-6) BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, State of Illinois, as follows: WHEREAS, the President and Board of Trustees of the Village have determined that the best interests of the Village will be served by amending Section XVIII. I. Special Use of the Zoning Ordinance (Administration and Enforcement); and WHEREAS, a notice of a Public Hearing was made in the manner provided by law and was published in the Lemont Reporter Progress, a newspaper of general circulation within the Village, and said Public Hearing was held on April 20, 2004; and WHEREAS, this ordinance changes the paragraphs of the Village of Lemont Ordinance No. 0 -11 -00 of the Municipal Code Chapter Seven, Zoning Regulations as follows: NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS: Section 1. That Section XVIII. I (Administration and Enforcement - Special Uses) be amended to replace the existing Subsections XVIII.I.3 through XVIII.I.6, inclusive, with the following language: 3. Rules of Procedure a. _Any initial inquiry for an application for a Special Use Permit shall be received by the office of the Community Development Director, which office shall provide the applicant with necessary information, forms and the like. Upon the filing of the petition for Special Use Permit, the petitioner shall provide to the Community Development Director all information as required by the procedures of the Community Development Department. b. Notice (1) Written Notice. In addition to the notice requirements otherwise provided by law, an applicant for any public hearing required by this Zoning (page 2 of 7) Ordinance shall, not less than fifteen (15) days and not more than thirty (30) days prior to the date set for the public hearing, serve written notice in person or by registered mail, return receipt requested, on the owners as recorded in the Office of the Recorder of Deeds of Cook County and as appears from the authentic tax records of Cook County of all property within two hundred fifty (250) feet in each direction of the property lines of the subject property for which the public hearing is requested; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty (250) feet requirement. A copy of the notice with a copy of the list of addresses shall be mailed to the Community Development Director at the time notice is given to the owners or taxpayers. The notices herein required shall contain the address of the location for which the public hearing is requested, a brief statement of the nature of the request, the name and address of the legal and beneficial owner of the property, and time and date on which said hearing shall be held. If, after a bona fide effort to determine such by the applicant, the owner cannot be found, the notice requirements of this section shall be deemed satisfied upon filing by the applicant of an affidavit evidencing the inability to serve such notice. (2) Notice by Sign. An applicant for public hearing shall, not less than fifteen (15) days prior to the date before the public hearing continuously post a readable sign on each adjacent roadway or as recommended by the Community Development Director. Sign(s) must be removed no later than ten (10) days after completion of the hearing. The face of the sign(s) required by this Section shall be at least 36 inches in height and 48 inches in length. The sign(s) shall contain the current zoning action requests, date, time, and place where said hearing shall be held, a statement that further information can be obtained from the petitioner and the Community Development Director of the Village of Lemont, and the phone number of the Village of Lemont and the applicant. The sign shall have a white background with 1.5 inch high black block letters, except that the words "NOTICE OF PUBLIC HEARING" shall be in 3 inch high red capital block letters. The sign(s) shall meet all other requirements set forth by the Village of Lemont. All costs associated with hearing sign(s) are to be borne by the applicant. (3) Certificate of Notice. The applicant shall furnish, at or before the time of hearing, a written statement certifying that he has complied with the requirements of this subsection. Attached to the written statement shall be a list of all property owners notified in accordance with the above, the (page 3 of 7) returned notices which are undeliverable by the post office, a copy of the notice sent to each of the individuals therein specified, and an affidavit, witnessed by a notary public, that the sign was erected according to the Village Requirements. (4) Any petitions for special use which are initiated by the Village shall be exempt from the written and posted sign notice requirements at the discretion of the Community Development Director. A published notice shall still be required for Village initiated petitions. c. The Community Development Director shall set a date for hearing which date shall be no later than ninety (90) days after the date of filing a completed application and all related documents. The Community Development Director shall cause notice of such hearing to be published at least once, not more than 30 days nor less than 15 days, before the hearing in a newspaper of general circulation within the Village of Lemont. The published notice may be supplemented by such additional form of notice as the Board may by rule provide. The findings and recommendations of the Zoning Board of Appeals shall be submitted to the Village Board no later than sixty (60) days following the Public Hearing. d. Public Hearing Procedure. The hearing for Special Uses shall be conducted as follows: (1) In hearing the request for special use the Zoning Board of Appeals shall make an accurate and complete record of all testimony presented by or on behalf of the applicant, Village officials, and the general public, including identification of all exhibits presented during the hearing. (2) After conclusion of the public hearing, the Zoning Board of Appeals shall examine the record of the hearing, including all exhibits, and shall prepare a recommendation including findings of fact based on a review of the hearing record. The recommendation and findings of fact shall state with particularity how the proposed special use complies or fails to comply with the standards for special uses in general enumerated in this Section as well as any standards for specific special uses, including but not limited to PUD, within this Ordinance. (3) The petitioner for a special use shall be responsible for all of the Village's costs, including but not limited to, consultants, recordation and preparation of the public hearing record, and the services of a court reporter. No action shall be taken until proof of payment or all expenses have been paid or reimbursed to the Village. (page 4 of 7) e. The Village Board, upon report of the Zoning Board of Appeals and without further public hearing, may grant or deny any proposed Special Use in accordance with applicable Illinois Statutes, or may refer it back to the Zoning Board of Appeals for further consideration. f. The Community Development Director shall relay the decision of the Village Board to the Zoning Board of Appeals and the petitioner without delay. g. The Village Board shall act on the petition for variation within 90 days following receipt of the recommendation of the Zoning Board of Appeals or the Community Development Director. 4. Standards No special use shall be recommended by the Zoning Board of Appeals unless the special use: a. Is deemed necessary for the public convenience at that location. b. Is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected. c. Will not cause substantial injury to the value of other property in the neighborhood in which it is located. d. Is consistent with standards enumerated elsewhere in this ordinance for the specific special use, including but not limited to Planned Unit Developments. e. With respect to live entertainment in establishments licensed for the retail sale of alcoholic liquor as a special use, the following additional standards must be met. Said live entertainment: (1) Shall not produce noise levels so great as to constitute an unreasonable interference with the rights or well being of persons outside of the confines of such establishment. (2) Shall not impose undue health, sanitation or safety burdens on the Village. (3) Shall not create excessive demands on the Police Department of the Village so as to impair its ability to maintain the peace in the Village and provide adequate protection for its citizens. (4) Shall not be of a nature otherwise prohibited by law or village ordinance. (page 5 of 7) 5. Conditions The Zoning Board of Appeals may recommend, and the Village Board may provide, such conditions and restrictions upon the construction, location and operation of a special use, as may be deemed necessary to promote the general objectives of this ordinance and to minimize injury to the value of property in the neighborhood. 6. Lapse of special use permit A special use shall lapse in the event of the following: a. A complete building permit application has not been received by the Village for such construction, installation, or relocation within one year after the effective date of the ordinance granting said special use; or b. A building permit has been issued within one year of the effective date of the special use, but such construction, installation or relocation has not commenced within one year after the issuance of the building permit. c. In the event a special use lapses, nothing herein shall prohibit any person from applying for the same special use or a new special use on substantially the same terms." WHEREAS, the Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS on this 28th day of June, 2004. AYES NAYS ABSTAIN ABSENT Debbie Blatzer Peter Coules Brian Reaves tr Steve Rosendahl V ' Ron Stapleton Jeanette Virgilio (1 (page 6 of 7) Attest: Approved by me this 28th day of June, 2004 N F. PIAZZA, Vi1 President HARLENE SMOLLEN, Village Clerk (page 7 of 7) H\ORDINANC0004 ORDINANC CS2omeAmend- SpccUseHcarings.wpd