(A) Creation and membership.
(1) The Village Planning and Zoning Commission shall consist of 5 members who are residents of the village and who will serve respectively for staggered terms of 4 years. The term of office for each Commissioner shall begin on May 1 of the year of appointment and shall conclude on April 30 of the year the term of appointment concludes or thereafter until his or her successor is duly appointed and qualified.
(2) The Mayor of the village shall appoint all members of the Village Planning and Zoning Commission with the advice and consent of the Village Board. The Mayor shall annually appoint the
Chair of the Commission. The Chair shall serve from May 1 to April 30 or thereafter until the Chair successor is appointed.
(B) Jurisdiction. The Planning and Zoning Commission is hereby vested with the following jurisdiction and authority:
(1) To hear appeals from and review any order, requirement, decision or determination made by the Zoning Administration charged with the enforcement of this chapter;
(2) To conduct public hearings on and make recommendations to the Village Board on applications for variation, special use, amendment, and planned unit development in the manner prescribed by and subject to the standards established in this chapter;
(3) Receive from the Zoning Administrator the recommendations as to the effectiveness of this chapter and report its conclusions and recommendations to the Village Board; and
(4) 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.
(C) Meetings and rules.
(1) All meetings of the Planning and Zoning Commission shall be held at the call of the Chair and at such times as the Planning and Zoning Commission shall determine.
(2) A public hearing shall be conducted by the necessary quorum of the Commission. A quorum shall consist of 3 members.
(3) Except as otherwise provided herein, the Planning and Zoning Commission shall adopt its own rules of procedure provided such rules are in compliance with the Illinois Municipal Code.
(4) Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney.
(5) The Chair, or in his or her absence, the Acting Chair, may administer oaths and compel the attendance of witnesses.
(6) The Secretary shall keep minutes of the Planning and Zoning 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 Planning and Zoning Commission shall be filed immediately with the Zoning Administrator. The Planning and Zoning Commission may adopt other rules and regulations of procedure not in conflict with this chapter or the Illinois Municipal Code.
(7) Before an application may be filed with and officially accepted by the Zoning Administrator, the applicant must insure that the application is complete and that it includes the following documentation:
(a) 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.
(b) Evidence that the property described in the application is a legally recorded “lot of record.”
(c) 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. Submission of an electronic copy of the plat of survey in PDF format is also required.
(d) Permitting approval or necessary corrective action indicated by the County Health Department.
(e) 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.
(f) Review approval or necessary corrective action indicated by the appropriate fire protective district, in whose primary jurisdiction the property is located, when the application involves a multi-family dwelling, residential subdivision development, commercial or industrial property, any planned unit development (PUD), or any division of land which will create 2 or more new principal uses of land.
(g) Review and comment from the Claypool Drainage District.
(h) Eight copies of such application and supporting documentation shall accompany the original application.
(D) Public hearings and notice requirements. The following provisions shall apply to public hearings required by this chapter in addition to any other specific provisions set forth in this chapter:
(1) When the provisions of this chapter require a public hearing, 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 Planning and Zoning Commission is completely committed during that time.
(2) All hearings shall be open to the public and shall be held before the Planning and Zoning Commission.
(3) The Planning and Zoning 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.
(4) The applicant shall give notice of the public hearing by mail or personal delivery to the owners of all properties within 250 feet, excluding road right-of-way, of the property which is the subject of the application. Such notice shall be mailed no fewer than 14 days in advance of the hearing and shall be sent certified mail marked return receipt requested, except as otherwise specifically provided in this chapter. Supplemental or additional notices may be required by the Planning and Zoning Commission. Proof of mailing shall be sufficient evidence of notice.
(5) The village shall publish notice of the public hearing at least once, not more than 30 days nor less than 15 days before the date for the hearing, in a newspaper of general circulation in the village.
(6) 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 Planning and Zoning Commission may exclude irrelevant, immaterial, or unduly repetitious evidence.
(7) (a) Subject to the discretion of the Planning and Zoning Commission, the applicant or petitioner, or any other party to the hearing, may be allowed any or all of the following rights:
1. To present witnesses on their behalf;
2. To cross-examine all witnesses testifying in opposition to the application, petition, or appeal;
3. To examine and reproduce any documents produced at the hearing; and/or
4. To a continuance, upon request, for the purpose of presenting evidence to rebut evidence introduced by any other person.
(b) In determining whether to grant or withhold such rights, the discretion of the Planning and Zoning 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 Planning and Zoning Commission in reaching its decision.
(8) The Planning and Zoning 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 Planning and Zoning 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 Planning and Zoning Commission.
(9) All testimony at every hearing shall be given under oath.
(10) 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.
(11) 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 Planning and Zoning Commission.
(12) The record of the public meeting shall include:
(a) All notices and responses thereto;
(b) A transcript or notes, if any, of all oral testimony received, and all written information, if any, submitted by parties or the public;
(c) Any recommendation or report by the hearing body; and
(d) All memoranda or data submitted to the Planning and Zoning Commission in connection with its consideration of the subject matter of the hearing.
(13) The decision or recommendation of the Planning and Zoning Commission shall be in writing and shall include findings of fact stating the reasons for the decision. A 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 Planning and Zoning Commission proceedings provided such minutes have been approved by the Planning and Zoning Commission.
(Ord. 2015-08, § 14.03, passed 6-23-2015)