A. Duties Of Commission: The duties of the Planning and Zoning Commission are:
1. Prepare and recommend to the City Council a comprehensive plan for the present and future development or redevelopment of the City. After its adoption by the City Council, this plan shall be known as the City of McHenry Comprehensive Plan (“Comprehensive Plan”). Thereafter, from time to time, the commission may recommend changes in the Comprehensive Plan. This Comprehensive Plan may include reasonable requirements with reference to the streets, alleys, public grounds and other improvements in unsubdivided land situated within the corporate limits or in contiguous territory not more than one and one-half (1-1/2) miles beyond the corporate limits and not included in any municipality. These requirements shall be effective whenever this unsubdivided land is subdivided after the adoption of the Comprehensive Plan. Following the adoption of the Comprehensive Plan, no map or plat of any subdivision presented for record affecting land within the corporate limits of the City or in contiguous territory outside of and not more than one and one- half (11/2) miles from those limits and not included in any other municipality, shall be entitled to record or shall be valid unless the subdivision thereon shall provide for streets, alleys, public grounds and other public improvements in conformity with the Comprehensive Plan.
2. From time to time, prepare and recommend changes in the Comprehensive Plan, or plans for specific improvements in the pursuance of the Comprehensive Plan to the City Council.
3. Provide assistance to the City officials charged with the direction of projects for improvements embraced within the Comprehensive Plan and to further the making of these projects, and generally promote the Comprehensive Plan.
4. Exercise such other powers, germane to the powers granted by this Code as may be conferred by the City and are granted a City under the Illinois Municipal Code, including, but not limited to, 65 Illinois Compiled Statutes 5/11-12-4 to 5/11-12-12.
5. Hear appeals from any order, requirement, decision or determination of the Zoning Administrator, relating to this title, by any person, firm or corporation aggrieved thereby, or by any officer, department, council or commission of the City.
6. Recommend to the City Council, after holding a public hearing, on applications for variations from the strict enforcement of any provisions of this title, in accordance with the rules and standards set forth therein.
7. Recommend to the City Council, after holding a public hearing, on applications for conditional uses listed in each of the several zoning districts.
8. Recommend to the City Council, after holding a public hearing, on applications for planned developments referred to it by the City Council and to hear and decide other matters referred to it or upon which it is required to pass under the provisions of this title.
9. Recommend to the City Council, after holding a public hearing, on petitions for amendment of the provisions of this title and the boundary lines of zoning districts established therein.
10. 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. The terms of the relief recommended shall be specifically set forth in a conclusion or statement separate from the findings of fact of the commission.
11. Appoint one member to serve as Chairperson and another member to serve as Vice Chairperson, who shall serve as acting Chairperson in the Chairperson’s absence.
12. Keep written minutes of its proceedings, which shall be a public record.
13. File immediately in the Office of the City Clerk every rule, order, requirement, decision or determination of the commission after any meeting or hearing, which shall be a public record.
14. Nothing contained herein shall be construed to authorize the commission to change any of the provisions of this title or district boundary lines established hereby. The concurring vote of four (4) members shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant any matter upon which the commission is authorized to act.
15. File an annual report with the Mayor and City Council setting forth its transactions and recommendations.
16. Adopt bylaws and any other procedural rules consistent with this and other City ordinances and State Statutes.
17. Cooperate with County and regional Planning Commissions and other groups to promote coordinated planning.
18. Recommend to the City Council the employment of such professional planning, legal, engineering or administrative assistance as is necessary to fulfill its responsibilities.
19. Carry out any other function concerning land subdivision or other matters that may be conferred upon it by the Subdivision Control Ordinance, Zoning Ordinance, this Code, or any other City ordinance, and the Illinois Municipal Code, and discharge any other duties referred or assigned to it by the City Council.
B. Special Zoning Commission: The commission shall serve as a special zoning commission whenever a text amendment is proposed to this title.
C. Meetings: All meetings of the commission shall be held at the call of the Chairperson and at such other times as the commission and/or City Council may determine. The presence of four (4) members shall be necessary for a quorum. All meetings shall be open to the public. The Chairperson, or Vice Chairperson, may administer oaths and compel the attendance of witnesses. The commission shall keep minutes of its proceedings, keep record of its examinations and other official actions, prepare findings of fact and record the individual votes upon every question. Expenses incurred by the commission in the performance of official duties are to be itemized and shall be borne by the City.
(Ord. 86-382, 12-22-1986; amd. 2019 Code)
D. Copies Of Planning And Zoning Commission Minutes: A draft copy of the unapproved Planning and Zoning Commission minutes shall be mailed without charge to those persons who have registered their names as attendees at any Planning and Zoning Commission hearing/meeting and who have indicated on the attendance sheet of that Planning and Zoning Commission hearing/meeting that such person wants a copy of such minutes. The failure to receive mail delivery of such minutes shall not constitute a basis for objecting to the proceedings or to delay any scheduled proceedings relating to the subject matter of such meetings. Such Planning and Zoning Commission minutes shall also be furnished without charge to any person residing within the planning jurisdiction of the City who presents themselves at the Municipal Center and requests copies thereof.
(Ord. 19-1186, 2-18-2019)