The administration of this DO is hereby vested in the following elected and appointed Boards and professional staff:
(A) City Council. The City Council shall have the following duties and responsibilities with regard to the DO:
(1) Receive recommendations from the Planning and Zoning Commission concerning all text and map amendments, minor plats, preliminary plats and final plats. The City Council shall approve, approve with modifications or disapprove the recommendation. The City Council shall also hear appeals regarding tower use permits, special use requests, variance requests and changes of nonconforming use requests;
(2) All decisions and findings by the City Council shall in all instances be the final administrative decision and shall be subject to judicial review as may be provided by law. In the case where decisions made by the City Council are done so by ordinance, the authorizing ordinance shall provide the final administrative decision and shall be subject to judicial review as may be provided by law; and
(3) The City Council should convene an annual meeting with the Planning and Zoning Commission to review the effectiveness of this DO and the Comprehensive Plan.
(B) Director of Community Development. The position of the Director of Community Development has been established by the city. This is a department head position, reporting to the City Manager. The duties and authority of the Director of Community Development or his or her designee(s) include:
(1) Provide and maintain public information relative to the DO;
(2) Forward to the Planning and Zoning Commission all applications for special uses, amendments, variances, tower use permits, site plan reviews and appeals to this DO;
(3) Interpret and answer questions regarding the provisions of this DO. Issue all zoning certificates, as well as make and maintain records thereof;
(4) Issue all certificates of occupancy, as well as make and maintain records thereof;
(5) Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this DO;
(6) Issue notices of violations and citations for violations of the regulations of this DO. Notices shall require compliance within 15 days and advise violators of their right to appeal;
(7) Issue “stop-work” orders for any construction or work that is not in compliance with this DO;
(8) Maintain permanent and current records of this DO, including but not limited to all maps, amendments, special uses, variances, appeals and applications thereof;
(9) Designate representatives to assist the Director of Community Development in carrying out his or her duties hereunder;
(10) Disseminate/document information to and from the Development Review Committee; and
(11) Review and approve conditional uses in zoning districts.
(C) Planning and Zoning Commission.
(1) To provide for citizen input and obtain testimony regarding development within the city, the Planning and Zoning Commission is hereby created. The Planning and Zoning Commission shall consist of nine members appointed by the Mayor with the approval of the City Council. Members shall reside within the corporate limits or within one and one-half miles of the corporate limits. Members are to have staggered terms. At the initial formation of the Planning and Zoning Commission, three members shall serve a one-year term, three will serve a two- year term, and three will serve a three-year term. After the initial term, all members appointed shall serve for a term of three years. All vacancies occurring in the Commission shall be filled by appointment for the remainder of the unexpired term in the same manner as the original appointments. All members serve without compensation.
(2) The Director of Community Development or his or her designee and a member of the Legal Department shall attend all regular Planning and Zoning Commission meetings to furnish assistance and advice to the Commission. A representative from the Public Works Department shall attend Commission meetings which involve a plate of subdivision. In addition, the Mayor, or a member of the City Council appointed annually by the Mayor with the approval of the City Council, shall also attend all regular meetings for the purpose of acting as a liaison between the Commission and the City Council. Members of the Planning and Zoning Commission shall elect from its members a chairperson and a vice-chairperson. The Director of Community Development or his or her designee shall serve as the executive secretary of the Commission.
(3) The duties of the Planning and Zoning Commission are as follows:
(a) To prepare and recommend to the City Council a comprehensive plan for future development of the city. This plan should generally address elements outlined in the Local Planning Technical Assistance Act (ILCS Ch. 20, Act 662, § 25) for land within the corporate limits or in contiguous territory not more than one and one-half miles beyond the corporate limits and not included in any municipality;
(b) To prepare and recommend to the City Council from time to time plans for specific improvements in the pursuance of the Comprehensive Plan;
(c) To exercise any other powers, germane to the powers granted by this DO, as may be conferred by the City Council;
(d) To hear appeals from any order, requirement, decision or determination of the Director of Community Development, City Engineeror their designee, relating to the DO, by any person, firm or corporation aggrieved thereby, or by any officer, department, board or commission of the city. The aggrieved shall submit an appeal within 15 days of the action complained of by filing a notice of appeal, in duplicate, specifying the grounds thereof, in the office of the Director of Community Development. An application fee is required for an appeal as provided in the Fee Schedule (Appendix A). The Director of Community Development shall transmit to the Planning and Zoning Commission all the papers constituting the record upon which the action appealed from was taken.
1. An appeal stays all proceedings in furtherance of the action appealed from unless the Director of Community Development or his or her designee certifies that, by reason of facts stated in the certification, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed except by a restraining order issued by a court of record after notice to the Director of Community Development and on due cause shown.
2. The Commission shall select a reasonable time and place for the hearing of the appeal, give 15 days’ notice thereof to all interested parties and shall render a written decision on the appeal without unreasonable delay. Any person may appear at the hearing and present testimony in person or by a duly authorized agent or attorney. The Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Director of Community Development.
(e) To make decisions, after holding a public hearing, on applications for variances from the strict enforcement of any provisions of this DO, in accordance with the rules and standards set forth therein;
(f) To make decisions, after holding a public hearing, on applications for special uses listed in each of the several zoning districts;
(g) To make decisions, regarding changes from one nonconforming use to another nonconforming use;
(h) To make decisions, after holding a public hearing, on application for Comprehensive Planned Developments and to hear and decide other matters referred to it or as required under the provisions of this DO;
(i) To recommend to the City Council, after holding a public hearing, on petitions for amendment of the provisions of this DO and the boundary lines of zoning districts established therein;
(j) To transmit to the City Council, with every recommendation, findings of fact and to refer to any exhibits containing plans and specifications relating to its recommendation, which plans and specifications shall remain a part of the permanent records of the Commission. The findings of facts shall specify the reason or reasons for its recommendation;
(k) To file immediately in the office of the City Clerk every rule, order, requirement, decision or determination of the Commission after any meeting or hearing;
(l) Nothing contained herein shall be construed to authorize the Commission to change any of the provisions of this municipal code or district boundary lines established hereby. A majority vote of the members present shall be necessary to reverse any order, requirement, decision or determination of the Director of Community Development, City Engineer and/or their designee or to decide in favor of the applicant any matter upon which the Commission is authorized to act;
(m) The Commission shall keep written records (minutes) of its proceedings that shall be open to public inspection at all times; and
(n) Additional duties of the Commission are also outlined in this DO.
(D) Development Review Committee.
(1) To provide for the fair and expeditious review of zoning, subdivision, variance, special use, site plan applications and for reviewing and approving joint parking facilities, a Development Review Committee is established. The Development Review Committee shall be made up of city staff, including:
(a) Director of Community Development;
(b) Public Works Director;
(c) Fire Chief;
(d) Police Chief;
(e) City Engineer;
(f) Planning Manager;
(g) Building Inspector; and
(h) City Downtown Council representative (only for projects within the B3 Zoning District).
(i) President of Knox County Area Partnership (KCAP).
(2) The Director of Community Development or his or her designee shall submit copies of all pending applications to members of the Development Review Committee. The purpose of this Committee is to review applications for completeness and compliance with city codes and regulations. The Director of Community Development or his or her designee will be responsible for documenting suggestions made at Committee meetings and forwarding comments to the Planning and Zoning Commission and the applicant.
(Ord. 10-3277, § 1-2.2, passed 1-4-2010; Ord. 14-3444, passed 4-21-2014; Ord. 17-3538, passed 2-6-2017; Ord. 17-3539, passed 2-20-2017; Ord. 20-3609, passed 4-6-2020)