A.
General powers. The Building Commissioner shall be charged with the
administration and enforcement of this code. In addition to the jurisdiction,
authority, and duties conferred on the Building Commissioner by other
provisions of state statutes and Village codes and ordinances, the
Building Commissioner shall have all powers necessary for such administration
and enforcement and shall, in particular, have the jurisdiction, authority,
and duties hereinafter set forth.
B.
Rules; regulations; application forms. The Building Commissioner,
consistent with the express standards, purposes, and intent of this
code, shall promulgate, adopt, and issue such procedural rules, regulations,
and forms as are, in the Building Commissioner's opinion, necessary
to the effective administration and enforcement of the provisions
of this code.
C.
Assistance to other boards and commissions. The Building Commissioner,
within budgets available for that purpose, shall make consulting assistance
available to the Zoning Board of Appeals, the Plan Commission, and
the Architectural Review Commission, and the Building Commissioner
or his or her delegate shall in that capacity:
(1)
Attend the meetings of each such body; and
(2)
Inform each such body of all facts and information at the Building
Commissioner's disposal with respect to any matter brought before
each such body; and
(3)
Assist each such body by performing research and making recommendations
on matters brought before each such body; and
(4)
Perform such other duties as may be assigned to the Building
Commissioner by this code and by the rules of such bodies.
D.
Records. The Building Commissioner shall maintain:
(1)
Permanent and current records pertaining to this code, including
all maps, amendments, special permits, planned unit development and
site plan approvals and denials, interpretations, and decisions rendered
by the Zoning Board of Appeals, the Plan Commission, the Architectural
Review Commission, the Village Attorney, and the Building Commissioner,
together with relevant background files and materials;
(2)
A current file of all certificates of zoning compliance, all
certificates of occupancy, and all notices of violations, discontinuances,
terminations, or removals issued by or entrusted to the Building Commissioner's
office for such time as necessary to ensure continuous compliance
with the provisions of this code; and
(3)
A current file of all nonconforming uses and signs in the Village,
by location and type of use.
E.
Zoning text; Zoning Map.
(1)
The Building Commissioner shall prepare and have available for
public sale on or before March 31 of each year:
(2)
The Building Commissioner, at all other times, shall maintain
and have available for reproduction at least one up-to-date copy of
both the Zoning Code text and the Zoning Map, showing all amendments
through the most recent meeting of the Board of Trustees for which
official minutes have been approved.
F.
Application receipt, processing, referral to interested parties and
agencies. The Building Commissioner shall receive all applications
required to be filed pursuant to this code. Upon receipt of any such
application, the Building Commissioner shall see to its expeditious
processing, including its prompt referral to and retrieval from each
official, board, or commission of the Village, or other government,
with any interest or duty with respect to such application.
G.
Investigation of applications. Whenever the Plan Commission, the
Zoning Board of Appeals, the Architectural Review Commission, or the
Board of Trustees shall so request, by general rule or specific direction,
the Building Commissioner shall conduct or cause to be conducted such
surveys, investigations, and field studies and shall prepare or cause
to be prepared such reports, maps, photographs, charts and exhibits
as shall be necessary and appropriate to the processing of any application
filed pursuant to this code.
H.
Zoning compliance and occupancy certificates. Pursuant to the provisions of §§ 260-1141 and 260-1142 of this code, the Building Commissioner shall review all applications for certificates of zoning compliance and certificates of occupancy and shall approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this code.
I.
Interpretations. Pursuant to the provisions of § 260-1151 of this code, the Building Commissioner shall issue a written interpretation of the meaning and applicability of specific provisions of this code. Any interpretation of this code that may be rendered by the Zoning Board of Appeals or the Building Commissioner shall be kept on file with the Building Commissioner and shall be a public record of the Village open to inspection by interested parties at reasonable times and upon reasonable notice.
K.
Extensions of time. The Building Commissioner, upon written request,
may for good cause shown and without any notice or hearing grant extensions
of any time limit imposed on an applicant or permittee by this code
or, unless the ordinance or resolution shall expressly provide otherwise,
by any ordinance or resolution of any body acting pursuant to this
code. The total period of time granted by such extension or extensions
shall not exceed the length of the original period.
L.
Inspection and enforcement. In furtherance of the enforcement of
this code, the Building Commissioner shall undertake such regular
and continuing programs of inspection of work approved and under way
and of existing structures and uses as may be feasible and proper
within the limits of staff and budgeted funds; shall undertake such
additional inspections as may be necessary to the performance of his
or her duties hereunder; shall receive from any person complaints
alleging with particularity a violation of this code; and when appropriate
shall cause such investigations and inspections as may be warranted
by such complaints to be made. Upon finding the existence of any violation
of this code, the Building Commissioner shall take or direct all actions
necessary and appropriate to abate and redress such violation.
M.
Reports. The Building Commissioner, as may from time to time be appropriate,
shall prepare and submit a report to the Board of Trustees, the Zoning
Board of Appeals, the Plan Commission, and the Architectural Review
Commission concerning the administration of the land use and development
regulations of the Village, setting forth such information and statistical
data as may be of interest and value in advancing and furthering the
goals and purposes of such regulations, and setting forth the Building
Commissioner's recommendations for the improvement of such regulations
and their administration.
A.
Creation; membership. The Zoning Board of Appeals shall consist of
seven members appointed by the Village President, with the advice
and consent of the Board of Trustees. All members shall be residents
of the Village. Members shall serve for a term of five years and until
their respective successors have been appointed and have qualified
for office. The President of the Board of Trustees shall have the
power to remove any member of the Board of Appeals for cause and after
a public hearing. Any vacancy that may occur shall be filled for the
balance of the unexpired term of the member whose place has become
vacant in the same manner hereinabove provided for the appointment
of such member. A member shall be eligible for reappointment. All
members of the Zoning Board of Appeals shall serve without compensation.
[Amended 9-12-2005 by Ord. No. 2005-23]
B.
Chairperson and Vice Chairperson. The Village President, with the
advice and consent of the Board of Trustees, shall name one member
of the Zoning Board of Appeals as Chairperson, to preside at all meetings
and hearings and to fulfill the customary functions of that office,
and another member as Vice Chairperson. The Chairperson and Vice Chairperson
shall hold said offices until their successors are appointed. The
Chairperson and Vice Chairperson may administer oaths. In the absence
of the Chairperson, the Vice Chairperson, or, in the absence of the
Vice Chairperson, a Temporary Chairperson elected by the Board of
Appeals, shall act as Chairperson and shall have all the powers of
the Chairperson. The Vice Chairperson shall have, in addition, such
other powers and duties as may from time to time be provided by the
rules of the Board of Appeals.
C.
Staff secretary; minutes; public records. The Building Commissioner
shall designate a Staff Secretary of the Zoning Board of Appeals,
who shall attend all of its proceedings. The Staff Secretary shall
provide for the keeping of minutes of the proceedings of the Board
of Appeals, showing the vote of each member upon every question or,
if absent or failing to vote, indicating such fact, and shall maintain
permanent records of all Board of Appeals meetings, hearings, and
proceedings and all correspondence of the Board of Appeals. The Staff
Secretary shall provide for keeping a file of all records of the Board
of Appeals, and such records shall, except to the extent provided
by the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.),
be public records open to inspection.
D.
Quorum and necessary vote.
(1)
No business shall be transacted by the Zoning Board of Appeals without
a quorum, consisting of four members, being present. The concurring
vote of at least four members of the Board of Appeals shall be necessary
on any motion to decide in favor of any application for appeal from
any order, decision, or determination of the Building Commissioner
or to recommend approval of any other application or any other matter.
Any lesser vote on any such motion, even of a majority of those voting,
shall be considered a final decision denying the appeal, or recommending
denial of the application or matter, as the case may be. If less than
a quorum is present, the hearing may be adjourned from time to time
as provided in the Illinois Open Meetings Act (5 ILCS 120/1 et seq.).
The Staff Secretary shall in writing notify all members of the Board
of Appeals of the date of the adjourned hearing and shall also notify
such other interested parties as may be designated in the vote of
adjournment.
(2)
Any one or more members of the Board of Appeals may file minority
or dissenting reports in support of any position concerning a matter
brought before the Board of Appeals.
E.
Absent members. No member absent from any portion of a proceeding
shall be qualified to vote upon the matter heard unless that member
shall first certify on the record that he or she has reviewed the
entire record of any such portion of the proceeding during which he
or she was absent and has fully informed himself or herself of the
essential facts and issues of the matter being heard so as to be able
to cast an informed and independent vote.
F.
Meetings; hearings; procedures. Regular meetings of the Zoning Board
of Appeals shall be held at the call of the Chairperson or as provided
by rule of the Board of Appeals. Special meetings shall be called
at the request of the Chairperson or of any two members of the Board
of Appeals or of the Board of Trustees.
(1)
All meetings, hearings, and deliberations of the Board of Appeals
shall be open to the public except when closed pursuant to the provisions
of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.).
(2)
All testimony at any hearing of the Board of Appeals shall be
given under oath.
(3)
The Board of Appeals shall adopt its own rules of procedure
for the conduct of its business as it, from time to time, deems proper
and necessary. Such rules shall be filed with the Staff Secretary
of the Board of Appeals and with the Village Clerk. Any rule so adopted
that relates solely to the conduct of the Board of Appeal's hearing
and that is not mandated by this code or the statutes of the State
of Illinois, may be waived by the Chairperson upon good cause being
shown.
G.
Record. The transcript of testimony, if any; the minutes of the Staff
Secretary; all applications, requests, exhibits, and papers filed
in any proceeding before the Zoning Board of Appeals; and the decision
of the Board of Appeals shall constitute the record.
H.
Decisions and recommendations. Every decision and recommendation
of the Zoning Board of Appeals upon an application filed pursuant
to this code shall be by written resolution which shall include findings
of fact; shall refer to all the pertinent evidence in the record and
to the exhibits, plans or specifications upon which such decision
or recommendation is based; shall specify the reason or reasons for
such decision or recommendation; shall contain a conclusion or statement
separate from the findings of fact setting forth the specific decision
or recommendation; and shall expressly set forth any limitations or
conditions relative to such decision or recommendation.
(1)
The Board of Appeals may take final action on any decision pertaining
to an application pending before it prior to the preparation of a
written resolution, but in such event it shall, before taking such
action, first state its findings and conclusions as above required
at a meeting open to the public. The Board of Appeals' decision or
recommendation shall be deemed made as of the date of the taking of
such final action. The written resolution incorporating such findings
and conclusions shall be presented for approval at the next regular
meeting of the Board of Appeals open to the public.
(2)
In any case where this code provides that the failure of the
Board of Appeals to act within a fixed period shall be deemed to be
a denial, or recommendation of denial, of an application, such failure
shall, notwithstanding the absence of required findings and conclusions,
be considered to be a decision of the Board of Appeals rendered on
the day following the expiration of such fixed period.
(3)
The decisions of the Board of Appeals on appeals from orders,
decisions or determinations of the Building Commissioner shall be
final administrative determinations subject to review as may be provided
by law. The recommendations of the Board of Appeals on applications
for variations and other matters shall not be binding on the Board
of Trustees but shall be advisory only.
(4)
As to other matters brought before the Zoning Board of Appeals,
the Board of Appeals shall prepare such report as it shall deem appropriate
to the subject matter.
I.
Conflicts. No member of the Zoning Board of Appeals shall participate
in the hearing or disposition of any matter in which that member has
an interest as such term is defined in the Illinois Municipal Code.
Any conflict of interest prohibited by the Illinois Municipal Code
shall disqualify a member.
J.
Jurisdiction and authority. The Zoning Board of Appeals shall have
the following jurisdiction and authority:
(1)
Subject to the provisions of § 260-1152 of this code, to hear and decide appeals from, and to review orders, decisions, or determinations made by the Building Commissioner and to that end have the powers of the Building Commissioner with respect to such order, decision, or determination.
(2)
Subject to the provisions and standards of § 260-1153 of this code, to hear, review, and offer its recommendations to the Board of Trustees on applications for variations.
(3)
Subject to the provisions and standards of § 260-1161 of this code, to initiate changes and amendments to this code.
(4)
Upon reasonable written request, to make its special knowledge
and expertise available to any official, board, or commission of the
Village, county, state, or federal governments to aid them in the
performance of their respective duties relating to zoning and its
administration in the Village.
(5)
In furtherance of the above jurisdiction and authority, to make
such investigations, maps, reports, and recommendations in connection
therewith, relating to zoning and its administration in the Village
as seem desirable to it; provided, however, that the expenditures
of the Board of Appeals shall not exceed the amount appropriated therefor.
K.
Concurrent membership on Plan Commission. The Village President and Board of Trustees may, in their discretion, appoint members of the Zoning Board of Appeals to serve concurrently on the Plan Commission. The term of each member of the Zoning Board of Appeals serving concurrently on the Plan Commission shall be that term for which such member is appointed to the Zoning Board of Appeals pursuant to § 260-1102A. The resignation or removal of any member serving concurrently from either the Zoning Board of Appeals or the Plan Commission shall be deemed a resignation or removal, as the case may be, from both of such bodies.
A.
Creation; membership. The Plan Commission shall consist of seven
members appointed by the Village President with the advice and consent
of the Board of Trustees. All members shall be residents of the Village.
Members shall serve for a term of five years and until their respective
successors have been appointed and have qualified for office. The
President of the Board of Trustees shall have the power to remove
any member of the Commission for cause and after a public hearing.
Any vacancy that may occur shall be filled for the balance of the
unexpired term of the member whose place has become vacant in the
same manner hereinabove provided for the appointment of such member.
A member shall be eligible for reappointment. All members of the Commission
shall serve without compensation.
[Amended 9-12-2005 by Ord. No. 2005-23]
B.
Chairperson and Vice Chairperson. The Village President, with the
advice and consent of the Board of Trustees, shall name one member
of the Plan Commission as Chairperson, to preside at all meetings
and hearings and to fulfill the customary functions of that office,
and another member as Vice Chairperson. The Chairperson and Vice Chairperson
shall hold said offices until their successors are appointed. The
Chairperson and Vice Chairperson may administer oaths. In the absence
of the Chairperson, the Vice Chairperson or, in the absence of the
Vice Chairperson, a Temporary Chairperson elected by the Plan Commission,
shall act as Chairperson and shall have all the powers of the Chairperson.
The Vice Chairperson shall have such other powers and duties as may
from time to time be provided by the rules of the Plan Commission.
C.
Staff Secretary; minutes; public records. The Building Commissioner
shall designate a Staff Secretary of the Plan Commission, who shall
attend all its proceedings. The Staff Secretary shall provide for
the keeping of minutes of the proceedings of the Plan Commission,
showing the vote of each member upon every question or, if absent
or failing to vote, indicating such fact, and shall maintain permanent
records of all Commission meetings, hearings, and proceedings and
all correspondence of the Plan Commission. The Staff Secretary shall
provide for keeping a file of all records of the Plan Commission,
and such records shall, except to the extent provided by the Illinois
Freedom of Information Act (5 ILCS 140/1 et seq.), be public records
open to inspection.
D.
Quorum and necessary vote.
(1)
No business shall be transacted by the Plan Commission without
a quorum, consisting of four members, being present. The concurring
vote of at least four members of the Plan Commission shall be necessary
on any motion to decide in favor of any application for a sign permit
or to recommend approval of any other application or any other matter.
Any lesser vote on any such motion, even of a majority of those voting,
shall be considered a final decision to deny, or to recommend denial
of such application or matter, as the case may be. If less than a
quorum is present, the hearing may be adjourned from time to time
as provided in the Illinois Open Meetings Act (5 ILCS 120/1 et seq.).
The Staff Secretary shall in writing notify all members of the Plan
Commission of the date of the adjourned hearing and shall also notify
such other interested parties as may be designated in the vote of
adjournment.
(2)
Any one or more members of the Plan Commission may file minority
or dissenting reports in support of any position concerning a matter
brought before the Plan Commission.
E.
Absent members. No member absent from any portion of a hearing shall
be qualified to vote upon the matter heard unless that member shall
first certify on the record that he or she has reviewed the entire
record of any such portion of the hearing during which he or she was
absent and has fully informed himself or herself of the essential
facts and issues of the matter being heard so as to be able to cast
an informed and independent vote.
F.
Meetings; hearings; procedures. Regular meetings of the Plan Commission
shall be held at the call of the Chairperson or as provided by rule
of the Plan Commission. Special meetings shall be called at the request
of the Chairperson or of any two members of the Plan Commission or
of the Board of Trustees.
(1)
All meetings, hearings, and deliberations of the Plan Commission
shall be open to the public except when closed pursuant to the provisions
of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.).
(2)
All testimony at any hearing of the Plan Commission shall be
given under oath.
(3)
The Plan Commission shall adopt its own rules of procedure for
the conduct of its business as it, from time to time, deems proper
and necessary. Such rules shall be filed with the Staff Secretary
of the Plan Commission and with the Village Clerk. Any rule so adopted
that relates solely to the conduct of the Plan Commission's meetings
or hearings and that is not mandated by this code or the statutes
of the State of Illinois may be waived by the Chairperson upon good
cause being shown.
G.
Record. The transcript of testimony, if any; the minutes of the Staff
Secretary; all applications, requests, exhibits, and papers filed
in any proceeding before the Plan Commission; and the decision of
the Plan Commission shall constitute the record.
H.
Decisions and recommendations. Every decision and recommendation
of the Plan Commission upon an application filed pursuant to this
code shall be by written resolution which shall include findings of
fact; shall refer to all the pertinent evidence in the record and
to the exhibits, plans, or specifications upon which such decision
or recommendation is based; shall specify the reason or reasons for
such decision or recommendation; shall contain a conclusion or statement
separate from the findings of fact setting forth the specific decision
or recommendation; and shall expressly set forth any limitations or
conditions relative to such decision or recommendation.
(1)
The Plan Commission may take final action on any recommendation
or decision pertaining to an application pending before it prior to
the preparation of a written resolution, but in such event it shall,
before taking such action, first state its findings and conclusions
as above required at a meeting open to the public. The Plan Commission's
decision or recommendation shall be deemed made as of the date of
the taking of such final action. The written resolution incorporating
such findings and conclusions shall be presented for approval at the
next regular meeting of the Plan Commission open to the public.
(2)
In any case where this code provides that the failure of the
Plan Commission to act within a fixed period shall be deemed approval
or recommendation for approval of an application, such failure shall,
notwithstanding the absence of required findings and conclusions,
be considered to be a decision of the Plan Commission rendered on
the day following the expiration of such fixed period.
(3)
As to other matters brought before the Plan Commission, the
Plan Commission shall prepare such report as it shall deem appropriate
to the subject matter.
I.
Conflicts. No member of the Plan Commission shall participate in
the hearing or disposition of any matter in which that member has
an interest as that term is defined in the Illinois Municipal Code.
Any conflict of interest prohibited by the Illinois Municipal Code
shall disqualify a member.
J.
Jurisdiction and authority. In addition to the jurisdiction conferred
on it by the state statutes and other codes and ordinances of the
Village, the Plan Commission shall have the following jurisdiction
and authority:
(1)
Subject to the provisions of Part 2 of this Article XI, to prepare and recommend a Comprehensive Plan, including an Official Map, to the Board of Trustees, which, upon its adoption by the Board of Trustees, shall be known as the "Official Comprehensive Plan" of the Village of Bannockburn.
(2)
Subject to the provisions of Part 2 of this Article XI, to review, prepare, and recommend to the Board of Trustees changes in and amendments to the Official Comprehensive Plan, including the Official Map.
(3)
Subject to the provisions of § 260-1161 of this code, to initiate, hear, review, and offer its recommendations to the Board of Trustees on applications for amendments to this code.
(4)
Subject to the provisions and standards of § 260-1162 of this code, to hear, review, and offer its recommendations to the Board of Trustees on applications for special use permits.
(5)
Subject to the provisions and standards of § 260-1163 of this code, to hear, review, and offer its recommendations to the Board of Trustees on applications for planned unit development approval.
(6)
Subject to the provisions of § 260-1164 of this code, to hear, review, and offer its recommendations to the Board of Trustees on applications for campus development plan approval.
(7)
Subject to the provisions of § 260-1165E of this code, to hear, review, and offer its recommendations to the Board of Trustees on applications for site plan approval.
(8)
Subject to the provisions of § 260-1167 of this code, to hear, review, and decide applications for sign permits.
(9)
To aid and assist the Board of Trustees in implementing general
plans and in planning, developing, and completing specific projects.
(10)
To review and report on any matters referred to it by the Board
of Trustees or the Building Commissioner.
(11)
Upon reasonable written request, to make its special knowledge
and expertise available to any official, board, or commission of the
Village, county, state, or federal governments to aid them in the
performance of their respective duties relating to the planning and
development of the Village and its region.
(12)
In furtherance of the above jurisdiction and authority, to make
such investigations, maps, reports, and recommendations in connection
therewith relating to the planning and development of the Village
as seem desirable to it; provided, however, that the expenditures
of the Plan Commission shall not exceed the amount appropriated therefor.
K.
Concurrent membership on Zoning Board of Appeals. The Village President and Board of Trustees may, in their discretion, appoint members of the Plan Commission to serve concurrently on the Zoning Board of Appeals. The term of each member of the Plan Commission serving concurrently on the Zoning Board of Appeals shall be that term for which such member is appointed to the Zoning Board of Appeals pursuant to § 260-1102A. The resignation or removal of any member serving concurrently from either the Plan Commission or the Zoning Board of Appeals shall be deemed to be a resignation or removal, as the case may be, from both of such bodies.
[Amended 9-1-2010 by Ord. No. 2010-31; 5-22-2017 by Ord. No. 2017-12; 11-13-2017 by Ord. No. 2017-33]
A.
Creation; membership. The Architectural Review Commission shall consist
of five members, who shall be appointed by the Village President and
approved by the Board of Trustees. In appointing members to the Commission,
the Village President and Board shall consider their education, training,
and/or experience in matters relating to design and aesthetic judgment.
Members of the Commission shall serve for a term of two years and
until their respective successors have been appointed and qualified
for office. The Board of Trustees shall have the power to remove any
members of the Commission with or without cause, upon the affirmative
vote of 3/4 of the members of the Board of Trustees then holding office.
Any vacancy that may occur shall be filled for the balance of the
unexpired term of the member whose place has become vacant in the
manner hereinabove provided for the appointment of such member. A
member shall be eligible for reappointment. All members of the Commission
shall serve without compensation.
[Amended 6-25-2018 by Ord. No. 2018-17]
B.
Chairperson and Vice Chairperson. The Village President shall designate
one appointee as Chairperson of the Commission to preside at all meetings
and hearings of the Commission and a second appointee as Vice Chairperson.
The Chairperson and Vice Chairperson may administer oaths. In the
absence of the Chairperson, the Vice Chairperson or, in the absence
of the Vice Chairperson, a Temporary Chairperson elected by the Commission,
shall act as Chairperson and shall have all the powers of the Chairperson.
The Vice Chairperson shall have such other powers and duties as may
from time to time be provided by the rules of the Commission.
C.
Staff Secretary; minutes; public records. The Building Commissioner
shall designate a Staff Secretary of the Architectural Review Commission,
who shall attend all its proceedings. The Staff Secretary shall provide
for the keeping of minutes of the proceedings of the Commission, showing
the vote of each member upon every question or, if absent or failing
to vote, indicating such fact, and shall maintain permanent records
of all Commission meetings, hearings and proceedings and all correspondence
of the Commission. The Staff Secretary shall provide for keeping a
file of all records of the Commission, and such records shall, except
to the extent exempt under the Illinois Freedom of Information Act,
be public records open to inspection.
D.
Quorum and necessary vote. No business shall be transacted by the
Architectural Review Commission without a quorum, consisting of three
members, being present. The concurring vote of at least three members
of the Commission shall be necessary on any motion to disapprove an
application. Any lesser vote on any such motion, even of a majority
of those voting, shall be considered a final decision approving the
application. Any other action can be taken by a majority of Commission
members present.
[Amended 6-25-2018 by Ord. No. 2018-17]
E.
Absent members. No member absent from any portion of a proceeding
shall be qualified to vote upon the matter heard unless that member
shall first certify on the record that he or she has reviewed the
entire record of any such portion of the proceeding during which he
or she was absent and has fully informed himself or herself of the
essential facts and issues of the matter being heard so as to be able
to cast an informed and independent vote.
F.
Meetings; hearings; procedures. Regular meetings of the Commission
shall be held at the call of the Chairperson and at such other times
as the Commission shall determine. Special meetings shall be called
at the request of the Chairperson or any two members of the Commission
or the Board of Trustees.
(1)
All meetings, hearings, and deliberations of the Architectural
Review Commission shall be open to the public except when closed pursuant
to the provisions of the Illinois Open Meeting Act.
(2)
All testimony at any hearing of the Commission shall be given
under oath.
(3)
The Commission may adopt its own rules of procedure for the
conduct of its business not inconsistent with this code or with the
statutes of the State of Illinois. Such rules shall be filed with
the Staff Secretary of the Commission and with the Village Clerk.
Any rule so adopted that relates solely to the conduct of the Commission's
hearing and that is not mandated by this code or the statutes of the
State of Illinois may be waived by the Chairperson upon good cause
being shown. In the absence of any adopted rules, the Commission shall
conduct its business, as nearly as practicable, in accordance with
Robert's Rules of Order.
G.
Record. The transcript of testimony, if any; the minutes of the Staff
Secretary; all applications, requests, exhibits, and papers filed
in any proceeding before the Commission; and the decision of the Commission
shall constitute the record.
H.
Decisions.
(1)
Every decision of the Architectural Review Commission shall
be by motion that shall include findings of fact, shall refer to the
evidence in the record upon which such decision is based, shall specify
the reason or reasons for such decision, and shall expressly set forth
any limitations or conditions imposed upon any approval granted. Such
motions shall be memorialized in the minutes of the Architectural
Review Commission.
(2)
In any case where this code provides that failure of the Architectural
Review Commission to act within a fixed period shall be deemed approval
of an application, such failure to act shall be considered to be a
decision of the Architectural Review Commission rendered on the day
following the expiration of such fixed period.
I.
Conflicts. No member of the Commission shall participate in any hearing
on an application in which that member has an interest as that term
is defined in the Illinois Municipal Code. Any conflict of interest
prohibited by the Illinois Municipal Code shall disqualify a member.
J.
Jurisdiction and authority. Subject to the provisions of § 260-1166 of this code, the Architectural Review Commission shall have the jurisdiction and authority to hear, review, and decide applications for architectural review approval that require Level II review and such other matters as directed by the Board of Trustees.
