Chapter 2-78
PLANNING AND ZONING COMMISSION
Sections:
2-78-010 Establishment and purpose.
2-78-040 Procedures and organization.
2-78-010 Establishment and purpose.
The planning and zoning commission is hereby created to provide the mayor and city council with guidance and direction on matters respecting land uses, planning and zoning within the city and contiguous territory outside the corporate limits of the city within the city’s one and one-half (1.5) mile jurisdiction not incorporated in any municipality, as permitted by law. The planning and zoning commission is further created to fulfill its duties pursuant to the ordinances of the city, the laws of the state and the directives of the mayor and city council. The role of the planning and zoning commission shall be advisory in nature except as otherwise provided by ordinance. (Ord. 3462 § 8, 2022)
2-78-020 Membership.
The planning and zoning commission shall consist of seven (7) residents of the city appointed by the mayor with the consent of the city council. One (1) of the members appointed to a three (3) year term shall be named as chairperson at the time of appointment. The first commission established under this chapter shall have three (3) appointments for one (1) year, two (2) appointments for two (2) years and two (2) appointments for three (3) years, concluding on April 30th of the respective year. All subsequent appointments shall be for three (3) years expiring on April 30th of the respective years. In the event of a vacancy, the appointment to fill the vacancy shall be made by the mayor with consent of the city council and shall be for the remainder of the unexpired term. In case of vacancy in the office of chairperson, the mayor shall designate an existing member of the planning and zoning commission to serve as chairperson for the remainder of his or her unexpired term, subject to the advice and consent of the board of trustees. The director of the planning department shall serve as the secretary to the planning and zoning commission. (Ord. 3462 § 8, 2022)
2-78-030 Quorum.
A majority of members shall constitute a quorum. No action shall be official unless authorized by a majority of the planning and zoning commission. (Ord. 3462 § 8, 2022)
2-78-040 Procedures and organization.
The planning and zoning commission shall:
A. At its first meeting and, thereafter, annually at the first meeting on or after May 1st, elect a vice chairperson to act whenever the chairperson is absent or unable to serve;
B. Establish its own rules of procedure, providing for a quorum for the transaction of business and the number of affirmative votes to be required for any recommendation to be made by the commission;
C. Each member of the planning and zoning commission shall be entitled to one (1) vote on all matters brought before the planning and zoning commission upon which a vote is required;
D. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The chairperson, or in his or her absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses;
E. The planning and zoning commission shall keep minutes of its meetings and proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact. The planning and zoning commission shall also keep records of its examinations and other official actions. Every rule, regulation, repeal, and every order, requirement, decision or determination of the planning and zoning commission shall immediately be filed in the office of the planning department and shall be a public record;
F. Every recommendation or decision of the planning and zoning commission upon an application filed pursuant to this title shall be by written resolution which shall include findings of fact; shall refer to all the evidence in the record and to the exhibits, plans, or specifications upon which such recommendation or decision is based; shall specify the reason or reasons for such recommendation or decision; and shall contain a conclusion or statement separate from the findings of fact setting forth the recommendation or decision of the commission. Such a recommendation or decision of the planning and zoning commission may expressly set forth any limitations or conditions recommended or imposed by the planning and zoning commission;
G. In reaching its recommendation or decision on any such application, the planning and zoning commission may rely on the personal knowledge of its members, on its inspections of the property, and on any reports available to it; provided, however, that the planning and zoning commission shall make the particular knowledge, inspection, or report a matter of record at the public hearing and afford every party reasonable time to respond to it. (Ord. 3462 § 8, 2022)
2-78-050 Compensation.
A. Members of the planning and zoning commission will serve voluntarily and without compensation.
B. In the performance of its duties, the planning and zoning commission may incur such expenditures as shall be authorized by the city council. (Ord. 3462 § 8, 2022)
2-78-060 Powers and duties.
The planning and zoning commission shall have the following powers and duties:
A. Recommend for adoption by the city council a comprehensive plan for the present and future development or redevelopment of the municipality or recommend changes from time to time;
B. Review and recommend to the council specific improvements for implementation of the official comprehensive plan;
C. Conduct such public hearings as required and as it deems necessary to gather information and ideas needed for thorough review of the comprehensive plan or parts thereof;
D. Promote the realization of the comprehensive plan and the community objectives it incorporates;
E. Hear and decide appeals from and review any order, requirement, decision, determination or interpretation made by the director of the planning department or his/her representatives charged with the enforcement of this title. In exercising its power, the planning and zoning commission may modify the order, requirement, decision, determination or interpretation appealed from. The planning and zoning commission’s decision on an appeal from a planning department order, requirement, decision, determination or interpretation shall constitute a final administrative decision subject to judicial review in accordance with the Illinois Administrative Review Law;
F. Initiate, hold hearings and make recommendations to the city council on all matters pertaining to revisions of the zoning map and to any changes or amendments to the text of this title in accordance with standards of public health, safety, morals and welfare;
G. Hear and recommend to the city council requests for special use permits;
H. Hear and decide requests for variances;
I. Invite the participation of persons having special knowledge, experience or interest in site needs of schools, parks, sewage disposal plants or other facilities, needs or problems which are involved in planning the city. Such meetings or temporary committees may include officials of an adjoining municipality or of other local governments or other persons not living in the city;
J. Review and make recommendations concerning all plans for the community or area renewal, conservation, community appearance design and redevelopment referred to it by the council;
K. Adopt policy statements to serve as a guide in making their recommendations;
L. Serve as a resource concerning landmarks and historic preservation districts within the city, conduct hearings and make recommendations to the city council regarding historic landmark designations and certificates of appropriateness;
M. Conduct hearings and recommend to the city council the approval or rejection of planned unit developments, or the approval of planned unit developments subject to recommended modifications; and
N. Exercise such other powers germane to the powers granted under authority of the Illinois Municipal Code, as amended, and to perform all other duties and responsibilities as may be assigned by the city council from time to time. (Ord. 3462 § 8, 2022)