A. Creation; Membership:
1. Creation: The Planning and Zoning Commission is hereby created for the village of Lake Zurich and is authorized to assume that authority and to perform those responsibilities established by Illinois law for a non-home rule plan commission. The Plan Commission shall also be known as the "Planning and Zoning Commission" or the "PZC" of the Village of Lake Zurich. The Planning and Zoning Commission shall also serve in the authority of hearing appeals to the interpretation and implementation of the provisions of Title 9 of the Lake Zurich Municipal Code, entitled "Zoning Code."
Composition: The Planning and Zoning Commission shall consist of seven (7) members appointed by the president, with the advice and consent of the board of trustees. All members shall be residents of the village of Lake Zurich. The length of term of each such member of the Planning and Zoning Commission shall be four (4) years. A vacancy that may occur shall be filled for the balance of the unexpired term by appointment of the president, with the advice and consent of the board of trustees. All appointments of successors upon the expiration of any term of any member shall be for a period of four (4) years and until a successor has been appointed and has qualified for office. A member shall be eligible for reappointment. All members of the Planning and Zoning Commission shall serve without compensation.
2. Alternate Member Of the Planning And Zoning Commission: In addition to the seven (7) members serving on the planning and zoning commission appointed by the president, subject to the approval of the board of trustees, the president can also appoint one additional member to the Planning and Zoning Commission who shall be an alternate member of the planning and zoning commission. Such alternate shall be an ex officio member of the planning and zoning commission without power to vote when all seven (7) members of the planning and zoning commission are in attendance at a particular meeting, but with full power to participate in all discussions before the Planning and Zoning Commission. If any member of the planning and zoning commission is absent at any meeting of the planning and zoning commission, the alternate member shall have the power to vote on all matters before the Planning and Zoning Commission at such meeting, and to participate in such meeting as fully as if he or she was a full-time member of such commission, including being counted for purposes of determining a quorum. It is the intent of this provision that the alternate Planning and Zoning Commission member shall be appointed to eliminate the problems involved with reaching decisions on matters before the Planning and Zoning Commission because of absences occurring during meetings from time to time. The term of the alternate member of the planning and zoning commission (as "commissioner") shall be for a period of three (3) years from the date of such member's appointment, or such lesser term as may be established by the village president in making the appointment of such alternate member of the planning and zoning commission. (Ord. 2015-4-060, 4- 20-2015, eff. 5-1-2015)
B. Chairperson And Vice Chairperson: The village president, with the advice and consent of the board of trustees, shall name one member of the Planning and Zoning 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 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 Planning and Zoning 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 Planning and Zoning Commission.
C. Staff Secretary; Minutes; Public Records: The village manager shall designate a staff secretary of the Planning and Zoning Commission, who shall attend all its proceedings. The staff secretary shall provide for the keeping of minutes of the proceedings of the Planning and Zoning 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 Planning and Zoning Commission. The staff secretary shall provide for keeping a file of all records of the Planning and Zoning Commission, and such records shall, except to the extent provided by the Illinois freedom of information act, be public records open to inspection. (Ord., 10-2004)
D. Quorum And Necessary Vote: No business shall be transacted by the Planning and Zoning Commission without a quorum, consisting of four (4) members, being present. The concurring vote of a majority of the Planning and Zoning Commission, consisting of at least four (4) members, shall be necessary on any motion to recommend approval of any matter or any application. Any lesser vote on any such motion, even if a majority of those voting, shall be considered a final decision to recommend denial of such matter or application. If less than a quorum is present, the hearing may be adjourned from time to time as provided in the Illinois open meetings act. The staff secretary shall in writing notify all members of the date of the adjourned hearing and shall also notify such other interested parties as may be designated in the vote of adjournment. (Ord. 2015-4-060, 4-20-2015, eff. 5-1-2015)
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 Planning and Zoning Commission shall be held at the call of the chairperson or as provided by rule of the Planning and Zoning Commission. Special meetings shall be called at the request of the chairperson or of any three (3) members of the Planning and Zoning Commission or of the board of trustees. All meetings of the Planning and Zoning Commission shall be held in person at a location designated by the village or a specific location published in in a newspaper of wide circulation. Electronic meetings of the Planning and Zoning Commission may be held from time to time when required and at the consent of a majority of the members of the Planning and Zoning Commission, and the consent of the Village Manager or his/her designee.
All meetings and hearings of the Planning and Zoning Commission shall be open to the public except when closed pursuant to the provisions of the Illinois open meetings act.
All testimony at any hearing of the Planning and Zoning Commission shall be given under oath.
The Planning and Zoning Commission shall adopt its own rules of procedure governing it and regulating its business as it, from time to time, deems proper and necessary. The adoption, amendment, or revision of such rules shall be by a majority vote of all members of the Planning and Zoning Commission. Every member of the Planning and Zoning Commission shall be furnished a copy of such proposed rules and any amendment or revision thereto at least ten (10) days before consideration for adoption. Such rules shall be filed with the staff secretary of the Planning and Zoning Commission and with the village clerk. Any rule so adopted that relates solely to the conduct of the Planning and Zoning Commission's meeting or hearings and that is not mandated by this zoning code or the statutes of the state of Illinois, may be waived by the chairperson upon good cause being shown. (Ord., 10-2004)
Record: The minutes of the staff secretary; all applications, requests, exhibits, and papers filed in any proceeding before the Planning and Zoning Commission; and the decision of the Planning and Zoning Commission shall constitute the record. (Ord. 2015-3-050, 3-2-2015)
G. Decisions: Every recommendation or decision of the Planning and Zoning Commission upon an application filed pursuant to this zoning code shall be by written resolution which shall include findings of fact; shall refer to all the evidence in the record and to the exhibits, plans, or specifications upon which such recommendation or decision is based; shall specify the reason or reasons for such recommendation or decision; and shall contain a conclusion or statement separate from the findings of fact setting forth the recommendation or decision of the Planning and Zoning Commission. Every resolution shall expressly set forth any limitations or conditions recommended or imposed by the Planning and Zoning Commission.
In any case where this zoning code provides that the failure of the Planning and Zoning Commission to act within a fixed period shall be deemed a recommendation for grant or denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Planning and Zoning Commission rendered on the day following the expiration of such fixed period. As to other matters brought before the Planning and Zoning Commission, the Planning and Zoning Commission shall prepare such report as it shall deem appropriate to the subject matter.
H. Conflicts: No member of the Planning and Zoning 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 Lake Zurich municipal code. Any conflict of interest on any particular issue prohibited by the Lake Zurich municipal code or state law shall disqualify a member.
I. Jurisdiction And Authority: In addition to the jurisdiction conferred on it by the state statutes and other codes and ordinances of the village, the Planning and Zoning Commission shall have the following jurisdiction and authority:
1. Subject to the provisions of chapter 2 of this title, 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 Lake Zurich.
2. Subject to the provisions of chapter 2 of this title, 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 and standards of chapter 18 of this title, to initiate, hear, review, and offer its recommendations to the board of trustees on applications for amendments to this zoning code.
4. Subject to the provisions and standards of chapter 19 of this title, 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 chapter 20 of this title, to hear, review, and offer its recommendations to the board of trustees on applications or site plan approval made to the board of trustees.
6. Subject to the provisions and standards of chapter 21 of this title, to review and offer its recommendations to the board of trustees on applications for building permits requiring exterior appearance review.
7. Subject to the provisions and standards of chapter 22 of this title, to review and offer its recommendations to the board of trustees on applications for lake protection permits.
8. To aid and assist the board of trustees and the departments of the village in implementing general plans and in planning, developing, and completing specific projects.
9. To review and report on any matters referred to it by the board of trustees or the village manager.
10. After reasonable written request, to make its special knowledge and expertise available to any official, department, 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.
11. 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 Planning and Zoning Commission shall not exceed the amount appropriated therefor. (Ord., 10-2004; amd. Ord. 2020-11-388, 11-20-2020)