The administration of this chapter is vested in the following
offices of the Village: Zoning Officer; Plan Commission; Village Board.
A.
Zoning Officer. The Zoning Officer and his or her authorized
organizational personnel shall administer and enforce this chapter
and in addition thereto and in furtherance of said authority shall:
(1)
Issue all zoning certificates and make and maintain records
thereof.
(2)
Issue temporary permits authorized by this chapter.
(3)
Conduct inspections of buildings, structures, and land to determine
compliance with this chapter, and notify in writing the person responsible
for any violation found, indicating the nature of the violation and
ordering the action necessary to correct it.
(4)
Order the discontinuance of illegal use of land, buildings,
or structures; the removal of illegal buildings or structures or of
illegal additions, or structural changes; or shall take any other
action authorized by statute or by this chapter to ensure compliance
with or to prevent violation of its provisions.
(5)
Maintain permanent and current records of this chapter, including,
but not limited to, all maps, amendments, special use permits, planned
unit developments, variances, appeals, applications, and records of
hearings and decisions.
(6)
Advise all persons seeking zoning information relating to the
official plans of the Village.
(7)
Provide and maintain a source of public information relative
to all matters arising out of this chapter.
(8)
Receive, file, and forward to the Plan Commission and Village
Board, as applicable, all applications for amendments, special use
permits, planed unit developments, and other matters on which the
Plan Commission or Village Board is required to pass under this chapter.
(9)
Provide and maintain a public information bureau relative to
all matters arising out of a comprehensive amendment.
(10) Review all property which has been the subject
of legal action invalidating the decision of the Village Board on
such matters and note such legal action directly upon the Village's
Zoning Map.
(11) Initiate, direct, and review, from time to time,
a study of the provisions of this chapter and make recommendations
as such study requires.
(12) Keep the Village Board advised of zoning activities.
(13) Decide or make recommendations on all matters
under this chapter upon which the Zoning Officer is required to act.
B.
Plan Commission.
(1)
Creation and membership. The Plan Commission shall consist of
seven members appointed by the Village President with the consent
of the Village Board. The Plan Commission shall assume and perform
all of the duties of the Zoning Board of Appeals.
(2)
Jurisdiction. The Plan Commission is hereby vested with the
following jurisdiction and authority:
(a) To hear appeals from and review any order, requirement,
decision or determination made by an administrative official charged
with the enforcement of this chapter.
(b) To conduct public hearings on and make recommendations
to the Village Board on applications for variances, special uses,
amendments, and planned development in the manner prescribed by and
subject to the standards established in this chapter.
(c) To receive from the Zoning Officer the recommendations
as to the effectiveness of this chapter and report its conclusions
and recommendations to the Village Board.
(d) To hear and decide all matters referred to it or
upon which it is required to pass under this chapter, or prescribed
by the applicable provisions of the Illinois Municipal Code.
(3)
Meetings and rules.
(a) All meetings of the Plan Commission shall be held
at the call of the Chairman and at such times as the Plan Commission
shall determine.
(b) Public hearings shall be conducted by the necessary
quorum of the Commission. A quorum shall consist of four members.
(c) Except as otherwise provided herein, the Plan Commission
shall adopt its own rules of procedure, provided such rules are in
compliance with the Illinois Municipal Code.
(d) Any person may appear and testify at a hearing,
either in person or by a duly authorized agent or attorney.
(e) The Chairman, or in his or her absence, the Acting
Chairman, may administer oaths and compel the attendance of witnesses.
(f) The Secretary shall keep minutes of the Plan Commission
proceedings, showing the vote of each member upon each question, or
if absent or failing to vote indicating such fact, and shall also
keep records of its meetings and other official action. A copy of
every rule or regulation, amendment, order, requirement, decision
or determination of the Plan Commission shall be filed immediately
with the Zoning Officer. The Plan Commission may adopt other rules
and regulations of procedure not in conflict with this chapter or
the Illinois Municipal Code.
(g) Before an application may be filed with and officially
accepted by the Zoning Officer, the applicant must ensure that the
application is complete and that it includes the following documentation:
[Amended 1-14-2015 by Ord. No. 15-002]
[1] Evidence that the applicant is the owner of record
of the property in question. If the owner is represented by an agent
other than an attorney, the owner must supply a notarized statement
naming the agent and indicting that said agent is acting on the owner's
behalf.
[2] Evidence that the property described in the application
is a legally recorded lot of record.
[3] A single plat of survey which encompasses the entire
property subject to an application for a map amendment, special use
permit, or variance, prepared by a State of Illinois registered land
surveyor, showing the property boundaries and the location of any
existing or proposed structures on the property. The plat of survey
shall be submitted on paper having dimensions not larger than 11 inches
by 17 inches. For a sign variance application that is the result of
a Village, township, county, state or federal roadway project, either
a plat of survey or a site plan is acceptable. If a site plan is utilized,
the site plan must be to scale and shall show the property boundaries
and the location of any existing or proposed structures on the property.
The site plan shall be submitted on paper having dimensions not larger
than 11 inches by 17 inches. The property owner will need to attest
to the accuracy and validity of the site plan.
[4] Permitting approval or necessary corrective action
indicated by the Health Department.
[5] Permitting approval or necessary corrective action
indicated by the appropriate public roadway authorities or proof that
the reviews required had not been completed within 30 days of the
applicant's request.
[6] Review approval or necessary corrective action
indicated by the appropriate Fire Department in whose primary jurisdiction
the property is located, when the application involves a multifamily
dwelling, residential subdivision development, commercial or industrial
property, any planned unit development (PUD), a flag lot, or any division
of land which will create two or more new principal uses of land.
[7] Review and comment from the Will/South Cook Soil
and Water Conservation District.
[8] Fifteen copies of such application and supporting
documentation shall accompany the original application.
The following provisions shall apply to public hearings required
by this chapter in addition to any other specific provisions set forth
in this chapter:
A.
When the provisions of this chapter require a public hearing
in connection with any application, petition, or appeal, the Village
shall, upon receipt of a properly completed application, petition,
or notice, fix a reasonable time and place for such hearing or meeting.
Except as otherwise set forth herein, such hearing or meeting shall
be commenced no later than 60 days, and shall be concluded no later
than 120 days, following the submission of the subject application
or petition, unless the hearing or meeting agenda of the Plan Commission
is completely committed during that time.
B.
All hearings shall be open to the public and shall be held before
the Plan Commission.
C.
The Plan Commission public hearing notice shall contain a description
of the subject matter to be heard or considered at the hearing, a
description of the requested action, the address or particular location
of the subject development, and the time, place, and date of the hearing.
The notice shall also contain a reference to the particular sections
of this chapter involved.
D.
Village staff shall give notice of the time and place of the
public hearing by first class mail to the owners of all properties
within 250 feet of the subject property, except for those developments
or redevelopments with improvements that include new construction
of a structure equal to or greater than 60 feet in height, the applicant
shall give this notice to property owners within 1,000 feet of the
property which is the subject of the application. Such notice shall
be mailed no fewer than 14 calendar days in advance of the hearing.
Supplemental or additional notices may be required by the Plan Commission.
Staff shall provide a documentation of the required mailing as evidence
of service of notice.
[Amended 6-10-2009 by Ord. No. 09-036; 11-9-2016 by Ord. No. 16-052]
E.
The Village shall publish notice of the time and place of the
public hearing at least once, not more than 30 days nor less than
15 days before the date of the hearing, in a newspaper published in
the Village, or if no newspaper is published in the Village, then
in a newspaper with a general circulation in the Village.
F.
Village staff shall be responsible for posting a public hearing
sign on the subject property for all public hearings regarding residential
zoned properties. The applicant will be responsible for posting a
public hearing sign for all commercial and industrial zoned properties
and should be a minimum of four feet in height and six feet in width.
All public hearing signs need to include the zoning case number, address
of the Village Hall, and public hearing time and date. All public
hearing signs shall be visibly posted on the subject property a minimum
of 15 calendar days prior to the public hearing.
[Added 11-9-2016 by Ord.
No. 16-052]
G.
Any interested person may appear and testify at a public hearing,
either in person or by a duly authorized agent or attorney, and may
submit documentary evidence; provided, however, that the Plan Commission
may exclude irrelevant, immaterial, or unduly repetitious evidence.
H.
Rights at hearing.
(1)
Subject to the discretion of the Plan Commission, the applicant
or petitioner, or any other party to the hearing, may be allowed any
or all of the following rights:
(a) To present witnesses on their behalf.
(b) To cross-examine all witnesses testifying in opposition
to the application, petition, or appeal.
(c) To examine and reproduce any documents produced
at the hearing.
(d) To a continuance, upon request, for the purpose
of presenting evidence to rebut evidence introduced by any other person.
(2)
In determining whether to grant or withhold such rights, the
discretion of the Plan Commission shall be governed by the goal of
securing all information and opinions relevant and material to its
deliberations. Such rights shall not be granted, however, when undue
and unwarranted delay would result or when to do so would tend to
produce no new evidence to aid the Plan Commission in reaching its
decision.
I.
The Plan Commission may at any time, on its own motion or at
the request of any person, adjourn the hearing for a reasonable time
and to a fixed date, time, and place, for the purpose of giving further
notice, taking further evidence, gathering further information, deliberating
further, or for such other reason as the Plan Commission may find
sufficient. Proper notice of such a recess shall be given to all parties
to the hearing, and any other person designated by the Plan Commission.
J.
All testimony at every hearing shall be given under oath.
K.
Any person may at any time prior to the commencement of a hearing
hereunder, or during such hearing, submit written statements in support
of or in opposition to the application, petition, or appeal being
heard.
L.
All other matters pertaining to the conduct of hearings shall
be governed by the provisions of this chapter pertaining to the rules
promulgated by the Plan Commission.
M.
The record of the public meeting shall include:
(1)
All notices and responses thereto; and
(2)
A transcript or notes, if any, of all oral testimony received,
and all written information, if any, submitted by parties or the public;
and
(3)
Any recommendation or report by the hearing body; and
(4)
All memoranda or data submitted to the Plan Commission in connection
with its consideration of the subject matter of the hearing.
N.
The decision or recommendation of the Plan Commission shall
be in writing and shall include findings of fact stating the reasons
for the decision. The copy of the written decision shall be provided
to the applicant or petitioner and transmitted to the Village Board.
The written decision may be in the form of minutes from the Plan Commission
proceedings, provided such minutes have been approved by the Plan
Commission.