A. Creation: There is hereby created in the Village a Planning and Zoning Commission.
B. Membership:
1. The Planning and Zoning Commission shall consist of seven (7) members, who shall be appointed by the Village President, with the advice and consent of the Board of Trustees. Each member of the Planning and Zoning Commission shall be a resident of the Village.
2. Each member of the Planning and Zoning Commission shall serve a term of five (5) years, provided however, the initial terms shall be staggered, and the initial terms of members shall be as follows:
a. One (1) member shall serve an initial term of one year, expiring May 1, 2021.
b. One (1) member shall serve an initial term of two years, expiring May 1, 2022.
c. One (1) member shall serve an initial term of three year, expiring May 1, 2023.
d. One (1) member shall serve an initial term of four years, expiring May 1, 2024.
e. One (1) member shall serve an initial term of five years, expiring May 1, 2025.
f. One (1) member shall serve an initial term of six years, expiring May 1, 2026.
g. One (1) member shall serve an initial term of seven years, expiring May 1, 2027.
3. The Village President shall appoint one member of the Commission to serve as Chair. The Chair shall serve a term of two years; provided, a member may be reappointed to multiple terms as Chair.
4. The Chair shall from time to time appoint a secretary, including an acting secretary as needed, who shall record and maintain minutes of the Commission's proceedings and official actions, including attendance at meetings; motions made and seconded, and the vote on each motion or question put before the Commission. The Secretary shall also conduct the correspondence of the Commission; shall in the absence of a court reporter or the Village Clerk summarize accurately testimony of those appearing before the Commission; and shall file with the Village Clerk all official documents, correspondence, and records of the commission.
5. Vacancies shall be filled by the village president, subject to confirmation by the board of trustees, for the unexpired term.
C. Jurisdiction and Authority: The Planning and Zoning Commission is hereby vested with the following jurisdiction and authority:
1. To hear and decide any appeal from an administrative order, requirement or determination made by the zoning administrator under this article.
2. To hold public hearings on applications for variations and thereafter to submit reports of findings and recommendations to the board of trustees in the manner set forth in this article for variations.
3. To hold public hearings on applications for amendments and thereafter to submit reports of findings and recommendations to the board of trustees in the manner set forth in this article for amendments.
4. To hold public hearings on applications for special uses and thereafter to submit reports of findings and recommendations to the board of trustees in the manner set forth in this article for special uses.
5. To hear or decide all other matters referred to it and which it is required to decide under the Village Code
6. Propose any amendment of the text of the Village Zoning Regulations and/or Subdivision Regulations, and the zoning map, of the village as it may deem necessary or advisable.
7. To review and make recommendations regarding any Plat of Subdivision under §§ 7-2-1 et seq..
8. To review and make recommendations regarding any petition to establish a large scale business planned development under §§ 6-17-1 et seq..
9. To review and make recommendations regarding any petition to establish a planned residential development under §§ 6-18-1 et seq..
10. To consider any application for establishment of a Special Graphics District, or a variance of the graphics regulations of the village.
11. To prepare, recommend to the president and board of trustees, and update from time to time a comprehensive plan for the village.
a. Such plan shall include reasonable requirements for public improvements in the village, regarding streets, alleys and public grounds in unsubdivided land within the corporate limits of the village and in contiguous territory outside of the village and distant not more than one and one-half (1-1/2) miles from such limits, and not included in any city, village or incorporated town.
12. Receive from time to time from the zoning administrator and evaluate recommendations related to the effectiveness of this chapter and report its conclusions and recommendations to the village board of trustees.
13. To aid the officials of the village charged with the direction of projects from improvements embraced within the plan and to further the making of such improvements.
14. To promote the realization of the comprehensive plan.
D. Procedure:
1. Meetings:
a. All meetings of the Planning and Zoning Commission shall be held at the call of the Zoning Administrator or the chairman, and at such other times as the board may determine.
b. All testimony by witnesses at any hearing shall be given under oath or affirmation.
c. The chairman, or in his absence the vice chairman, may administer oaths and compel the attendance of witnesses.
d. All meetings of the board shall be open to the public.
e. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions.
f. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall immediately be filed in the office of the village clerk and shall be of public record.
2. Decisions:
a. The Planning and Zoning Commission shall decide matters as authorized by this chapter in a specific case and after public hearing.
b. A concurring vote of four (4) members of the Planning and Zoning Commission shall be necessary to reverse any order, requirements, decision or determination of such an administrative official; to decide in favor of the applicant any matter upon which it is required to pass under the zoning regulations or to effect any variation in the zoning regulations, or to recommend any variation or modification in the zoning regulations to the Corporate Authorities.
E. Appeals:
1. The Planning and Zoning Commission shall hear and decide appeals from an administrative order, requirement, or determination under this chapter, made by the zoning administrator.
2. An appeal may be taken to the Planning and Zoning Commission by any person, firm or corporation, or by any office, department, board, bureau or commission, aggrieved by an administrative order, requirement, decision or determination under this chapter by the zoning administrator.
3. An appeal shall be filed with the Village Clerk and forwarded to the Planning and Zoning Commission and thereafter processed, all as prescribed by applicable Illinois statutes.
4. All decisions, after hearing of the Planning and Zoning Commission on appeals from an administrative order, requirement, decision or determination of the administrative officer, shall be final administrative determinations and shall be subject to judicial review in accordance with applicable Illinois statutes.
F. Variations:
1. The Planning and Zoning Commission shall recommend, and the board of trustees shall decide, variations as herein set forth to the provisions of this chapter.
2. All variations shall be in harmony with the general purpose and intent of this chapter, and a variation shall be granted only in specific instances where the Planning and Zoning Commission, after public hearing, shall have made a finding of fact based upon the standards hereinafter prescribed that there is a practical difficulty or particular hardship occasioned by the strict letter of the regulations of this chapter.
3. An application for variation may be made by any person, firm or corporation, or by an office, department, board, bureau or commission, requesting or intending to request such application.
4. An application for a variation shall be filed with the zoning administrator, who shall thereafter forward such application to the Planning and Zoning Commission.
5. A variation shall be recommended by the Planning and Zoning Commission only after the Planning & Zoning Commission has conducted a public hearing thereon.
6. There shall be a notice of time and place of said public hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the village of Hampshire.
7. A written notice shall be served at least fifteen (15) days before the hearing to the owners of the properties located adjacent to the location for which the variation is requested.
8. In any area of which a petition for variation from the zoning ordinance is being considered, notice shall be posted for at least fifteen (15) days prior to the public hearing.
a. The posted notice(s) shall be in number, size and location, as prescribed by the zoning administrator and shall indicate that a request for the variation from the zoning ordinance has been requested, the date, time and place that the public hearing will be held on the variation, and any other information prescribed by the zoning administrator.
b. Posted notices shall be removed by the applicant from the subject area within fifteen (15) days after the public hearing has been held, and failure to do so shall constitute a violation of this chapter.
9. Time for notices shall be computed in accordance with subsection 6-14-2D of this article.
10. Decisions on such variations by the board of trustees shall be in accordance with procedures set forth in Illinois statutes.
11. The Planning and Zoning Commission shall decide upon each application for variation according to the following standards:
a. The Planning and Zoning Commission shall not recommend a variation unless it shall find, based upon evidence presented to it at the public hearing on the application for variance, the following:
(1) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located, and that the variation, if granted, will not alter the essential character of the locality; or
(2) That the plight of the owner is due to unique circumstances and that the variation, if granted, will not alter the essential character of the locality.
b. For the purpose of supplementing the above standards, the Planning and Zoning Commission shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
(1) That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out;
(2) That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same district;
(3) That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;
(4) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;
(5) That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or
(6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.
c. The Planning and Zoning Commission may recommend and the board of trustees may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this article to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to implement the general purpose and intent of this chapter.
12. The Planning and Zoning Commission shall hear and recommend and the board of trustees shall decide only such variation to the regulations of this chapter as follows:
a. To permit a yard or other required open area to have less width or depth than herein required by applicable zoning district regulations.
b. To permit the use of a lot of record on the effective date of this chapter for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than eighty percent (80%) of the required lot area.
c. To permit parking lots to be illuminated later than thirty (30) minutes after close of business.
d. To permit the same off street parking spaces to qualify as required spaces for two (2) or more uses, provided that the maximum use of such facility by each user does not take place during the same hours or on the same days of the week.
e. To allow any permitted nonresidential use in an estate or residence district to exceed the floor area ratio and building height regulations of the district where such use is to be located, and to allow any governmental, institutional or public utility buildings or structures permitted in business and manufacturing districts to exceed the floor area regulations of the district where such buildings or structures are to be located.
f. To permit the reconstruction of a nonconforming building which has been destroyed or damaged to an extent of more than sixty percent (60%) of its value by fire, or act of God or the public enemy, where the board shall find some compelling public necessity requiring a continuance of the nonconforming use, and in no case shall such a permit be issued if its primary function is to continue a monopoly.
g. To interpret the provisions of this chapter where the street layout or lot lines actually on the ground vary from the street layout or lot lines shown on the district map as locations of zoning district boundary lines.
h. To vary the off street parking regulations for a change of use in a conforming building when it is found that adequate off street parking facilities exist in the vicinity, or providing the required number of parking spaces on the same lot or within the required distance from it would impose an unreasonable hardship upon the use of such building as contrasted with merely granting an advantage or convenience.
i. To permit a solid fence to be erected along any lot line of a lot in an estate or residence district that is contiguous or across an alley or street from a lot upon which is located a nonresidential use.
j. To permit those nonconforming freestanding ground signs in existence on the effective date of this chapter, to remain at their present location regardless of the sign requirements of the zoning classification in which they are now located.
(1) This variance applies only to signs in existence as of the effective date of this chapter, not to subsequent replacements or modifications of said nonconforming freestanding ground signs.
(2) For the purpose of this section, nonconforming shall mean those freestanding ground signs which became nonconforming upon the passage of the municipal code of the village of Hampshire of 1966 and subsequent amendments to the sign regulations up and through the effective date of this chapter.
G. Amendments:
1. Amendments may be proposed by any governmental body, or by any person or organization.
2. An application for an amendment shall be filed with the zoning administrator.
a. The application shall be filed in such form and accompanied by such information as required by the zoning administrator.
b. Such application shall be forwarded by the Planning and Zoning Commission for review, public hearing, and written recommendations thereon to the village board of trustees.
3. Within sixty (60) days of receipt of any application for rezoning, or such time as may be agreed by the applicant, the Planning and Zoning Commission shall hold a public hearing on such application at a time and place as shall be established by legal advertisement (notice of hearing) by the Planning and Zoning Commission.
4. The public hearing shall be conducted and a record of the proceedings shall be preserved in such a manner as the Planning and Zoning Commission shall by rule prescribe from time to time.
5. Notice of time and place of the hearing shall be published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the village of Hampshire.
6. In any area for which an individual application for a change in zoning classification is being considered, notice shall be posted for at least fifteen (15) days prior to the public hearing.
a. The posted notices shall be in number, size and location, as prescribed by the zoning administrator and shall indicate the present zoning classification, the time and place of public hearing, and any other information prescribed by the zoning administrator.
b. Posted notices shall be removed by the applicant from the subject area within fifteen (15) days after the public hearing has been held, and failure to do so shall constitute a violation of this chapter.
7. Time for notices shall be computed in accordance with subsection 6-14-2D of this article.
8. The Planning and Zoning Commission shall make written findings of fact and shall submit same together with its recommendations to the board of trustees for final action.
a. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(1) Existing uses of property within the general area of the property in question.
(2) The zoning classification of property within the general area of the property in question.
(3) The suitability of the property in question to the uses permitted under the existing zoning classification.
(4) The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification.
(5) The objectives of the current land use plan.
H. Special Uses:
1. The purpose of this subsection is as follows:
a. The development and execution of this chapter is based upon the division of the community into districts within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform.
b. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration in each case of the impact of those uses upon neighboring land, and of the public need for the particular use in the particular location.
c. For the purposes of this section, such conditional uses fall into two (2) categories:
(1) Uses publicly operated or traditionally affected with a public interest.
(2) Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
d. Planned developments shall be governed in all respects by this chapter.
2. A person may file an application to use such land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located, if and only if he holds an interest in the land in question as follows:
a. A freehold interest in land;
b. A possessory interest entitled to exclusive possession; or
c. A contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable.
3. An application for a special use shall be filed with the zoning administrator in a form prescribed by the zoning administrator:
a. The application shall be accompanied by such plans and/or data prescribed by the Planning and Zoning Commission;
b. The application shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth hereinafter;
c. Such application shall be forwarded from the zoning administrator to the Planning and Zoning Commission with a request to review said application and accompanying data, conduct a public hearing thereon, and submit written recommendations thereon to the village board of trustees.
4. Within sixty (60) days of receipt of any application for a special use, or such time as may be agreed by the applicant, the Planning and Zoning Commission shall hold a public hearing on the application, at such time and place as shall be established by legal advertisement (notice of hearing) by the Planning and Zoning Commission.
5. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner as the board of trustees shall, by rule, prescribe from time to time.
6. Notice of time and place of the hearing shall be published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the Village of Hampshire. Supplemental or additional notices may be published or distributed as the board of trustees may, by rule, prescribe from time to time.
7. In any area for which an individual application requests a special use, there shall be an additional notice posted on the premises for at least fifteen (15) days prior to the public hearing:
a. The posted notices shall be in number, size and location as prescribed by the zoning administrator and shall indicate the present zoning classification, the proposed special use, the time and place of public hearing, and any other information prescribed by the zoning administrator.
b. Posted notices shall be removed by the applicant from the subject area within fifteen (15) days after the public hearing has been held.
c. Failure to do so shall constitute a violation of this chapter.
8. Time for notices shall be computed in accordance with subsection 6-14-2D of this article.
9. The Planning and Zoning Commission shall make written findings of fact and shall submit same together with its recommendations to the village board of trustees for final action. No special use shall be recommended by the Planning and Zoning Commission, unless such board shall find, in writing, as follows:
a. That the establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare;
b. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood;
c. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
d. That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood;
e. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
f. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
g. That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the board of trustees pursuant to the recommendations of the Planning and Zoning Commission.
10. Conditions and guarantees for any special use may be required as follows:
a. Prior to the granting of any special use, the Planning and Zoning Commission shall, in a conclusion paragraph separate from the findings of fact, stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified above.
b. For any application for special use for a massage therapy establishment, the Planning and Zoning Commission shall consider for recommendation, and the board of trustees may approve, the following conditions:
(1) All persons administering massage therapy, as defined in 225 Illinois Compiled Statutes 57/10, shall be duly licensed by the state of Illinois in accordance with the requirements of law; and
(2) Each owner, operator or manager, and any massage therapist at any massage therapy establishment shall at all times comply with any and all laws, statutes, rules and regulations applicable to the business.
(3) No owner, operator or manager, or massage therapist at any such massage therapy establishment shall be convicted of any offense arising out of or related to his, her or their conduct in the management or operation of such establishment.
c. In all cases in which special uses are recommended, the Planning and Zoning Commission may require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection herewith are being and will be complied with.
11. Action by the village board of trustees shall be taken as follows:
a. The village board of trustees shall not act upon a proposed special use permitted under this chapter until it shall have received a written report and recommendation from the Planning and Zoning Commission on the proposed special use.
b. The board of trustees may grant or deny, by ordinance or resolution, any application for special use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use, as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein.
c. In all cases where the board of trustees permits the establishment of a special use, the terms of the relief granted shall be specifically set forth in the ordinance or resolution in a conclusion statement, separate from any findings of fact in the case.
I. Amendments to the Comprehensive Plan:
1. Amendments may be proposed by any governmental body, or by any person or organization.
a. The application shall be filed in such form and accompanied by such information as required by the zoning administrator.
b. Such application shall be forwarded to the Planning and Zoning Commission for review and written recommendations thereon.
c. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(1) Existing uses of property within the general area of the property in question.
(2) The zoning classification of property within the general area of the property in question.
(3) The suitability of the property in question to the uses permitted under the existing zoning classification.
(4) The trend of development, if any, in the general area of the property in question, including changes if any, which have taken place in its present zoning classification.
(5) The objectives of the current land use plan. (1985 Code; amd. Ord. 06-51, 9-7-2006; Ord. 10-24, 10-21-2010; Ord. 14-24, 5-1-2014; Ord. 21-15, 4-15-2021; Ord. 21-44, 11-4-2021)