§ 82-52. Planning and zoning commission.

(a)

Planning and zoning commission created, members. A plan commission for the village is hereby created under the authority of 65 ILCS 5/11-12-4. For the purposes of this Code, the plan commission shall be known as the planning and zoning commission. A board of appeals for the village is hereby created under the authority of 65 ILCS 5/11-13-3. For the purposes of this Code, the board of appeals shall be known as the planning and zoning commission. It is the intent of the board of trustees to create a single commission to serve the function of a "plan commission" and "board of appeals"; as those functions are defined by statute. The planning and zoning commission shall consist of seven members, to be appointed from citizens of the village by the village president of the board of trustees, with the consent and approval of the board of trustees. In addition to the seven members, the president of the board of trustees shall annually appoint, with the advise and consent of the board of trustees, a member of the board of trustees as an ex officio member, who shall not be entitled to vote nor counted in determining a quorum of the planning and zoning commission. All members of the planning and zoning commission shall be residents of the village at all times during their appointment.

(b)

Terms of office. The seven members of the planning and zoning commission shall serve respectively the following terms: one for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years, the successor to each member so appointed to serve for a term of five years. In the event vacancies occur, other than by expiration of terms, appointments shall only be for the remaining term of the position so vacated.

(c)

Organization: As soon as possible after their appointment, the members of the planning and zoning commission shall choose by election a chairperson. All the members of the planning and zoning commission shall receive compensation of $25.00 for each meeting of the planning and zoning commission attended by that member. The chairperson shall be paid an additional $25.00 for each meeting attended. The village shall provide a person who shall keep the minutes, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact. The village clerk shall also keep records of its examinations and other official actions, prepare the reports and perform all other administrative matters involving the planning and zoning commission.

(d)

Meetings and rules:

(1)

All meetings of the planning and zoning commission shall be held at the call of the chairperson conducted at the Village Hall. All testimony by witnesses at any hearing provided for in the zoning section of the Code of Ordinances shall be given under oath. The chairperson or in their absence, the acting chairperson may administer oaths and compel the attendance of witnesses. All meetings of the planning and zoning commission shall be open to the public. The planning and zoning commission shall keep minutes of its proceedings, and the concurring vote of four members of the planning and zoning commission shall be necessary to reverse any order, requirement, decision or determination of the building and zoning officer or to decide in favor of the applicant on any matter which is authorized by the zoning section of the Code of Ordinances to render a decision. All records of the minutes of the planning and zoning commission shall be available for examination at the Village Hall during normal business hours.

(2)

At hearings and meetings of the planning and zoning commission any interested person may appear or may be represented by duly authorized agent or attorneys.

(3)

No testimony shall be taken and no witnesses heard except at a properly convened hearing of the planning and zoning commission.

(4)

Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the planning and zoning commission shall immediately be filed in the office of the planning and zoning commission and shall be a public record. In the performance of its duties, the planning and zoning commission may incur such expenditures as shall be authorized by the board of trustees.

(5)

Each member of the planning and zoning commission shall be allowed three unexcused absences per fiscal year. If a member of the planning and zoning commission shall incur more than three unexcused absences in any one fiscal year, such party may be removed from office for cause upon the recommendation of the president of the board of trustees, with the advise and consent of the board of trustees.

(6)

The village president and the board of trustees shall have the power to remove any member of the planning and zoning commission, including its chairperson for cause and after a public hearing.

(7)

When members propose to resign, if reasonably feasible, they shall give notice of their intent to the chairperson, or make the date of resignation effective in such a manner to allow time for appointment of replacement.

(8)

Notice. Each meeting of the planning and zoning commission must be preceded by notice of such hearing which shall be published at least once not more than 30 nor less than 15 days prior to the hearing in one or more newspapers of general circulation in the village.

(e)

Powers: The planning and zoning commission shall have the following powers, jurisdiction and authority:

(1)

To prepare and recommend to the board of trustees a comprehensive plan of public improvements looking to the present and future development of the village, which plan shall be known as the official plan of the village. Such plan shall include reasonable requirements with reference to streets, alleys and public grounds in un-subdivided land situated within the corporate limits of the village and in contiguous territory not more than one and one-half miles beyond such corporate limits, and not included in any city, village of incorporated town. Such requirements shall be effective whenever the un-subdivided land is subdivided after the adoption of such plan.

(2)

To prepare and recommend to the board of trustees from time to time such changes in the plan as the planning and zoning commission may deem necessary and to report and make recommendations to the board of trustees with respect to any other suggested changes about which the board of trustees may desire information; provided, however, that such changes shall not affect the general principles of the plan as adopted.

(3)

To prepare and recommend to the board of trustees, from time to time, plans for specific improvements pursuant to such official plan.

(4)

To give aid to the officials of the village charged with the direction of projects for improvements embraced within the official plan, to further the making of such projects and generally to promote the realization of the official plan.

(5)

To exercise such other powers germane to the powers granted by the statute, as may be conferred by the board of trustees.

(6)

To initiate, direct, and review, from time to time, a study of the provisions of the text and map compromising the zoning regulations, and to make reports of its recommendations to the board of trustees not less frequently than annually.

(7)

To hear and decide on appeal from any order, requirement, decision or determination made by the zoning officer or other authorized official of the village having jurisdiction under the zoning section of the Village Code of Ordinances.

(8)

To receive copies of all applications for proposed variations from this Code, and to hold public hearings on those proposed variations in the manner and subject to the standards set forth in this chapter.

(9)

To receive all applications for proposed amendments to this Code, and to hold public hearing on those proposed amendments in the matter and subject to the standard set fort in this chapter.

(10)

To receive all applications for proposed conditional permitted uses, and to hold public hearings on those conditional permitted uses in the matter and subject to the standards set forth in this chapter.

(11)

To hear and decide upon all matters referred to it upon which it is required to pass under the zoning section of the Village Code of Ordinances in accordance with applicable Illinois statutes.

(12)

To hear applications for variations from the regulations and restrictions contained in this chapter and submit its recommendations thereon to the president and board of trustees.

(13)

To hear all applications for special uses and submit its recommendations thereon to the president and board of trustees.

(14)

To hear and decide, or make recommendations on, such other matters as may from time to time be committed to its jurisdiction by other ordinances of the village.

(Code 1974, § 22-56; Ord. No. 2011-8, §§ 2, 3, 6-21-2011)