The duties of the commission are as follows:
A. Preparation, Recommendation Of Comprehensive Plan:
1. To 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 (1-12) miles beyond the corporate limits and not included in any municipality.
2. 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 (1-1/2) 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.
B. Changes To Comprehensive Plan: 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.
C. Assistance To City For Projects: To 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.
D. Other Lawful Powers: To 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.
(1987 Code § 2-202)
E. Appeals:
1. To hear appeals from any order, requirement, decision or determination of the Director of Community Development relating to the Zoning Ordinance by any person, firm or corporation aggrieved thereby, or by any officer, department, council or commission of the City.
2. The appeal shall be taken within forty five (45) days of the action complained of by filing a notice of appeal, in duplicate, specifying the grounds thereof, in the Office of the City Clerk, who shall transmit forthwith one copy to the Director of Community Development and one copy to the Chairperson of the commission. The Director of Community Development shall forthwith transmit to the Chairperson of the commission all the papers constituting the record upon which the action appealed from was taken.
(Ord. 19-1186, 2-18-2019)
3. An appeal stays all proceedings in furtherance of the action appealed from unless the Director of Community Development certifies to the commission that, by reason of facts stated in the certification, a stay would cause imminent peril to life or property. In such case, the proceedings shall not be stayed except by a restraining order issued by the commission or a court of record after notice to the Director of Community Development and on due cause shown.
4. The commission shall select a reasonable time and place for the hearing of the appeal, give a minimum of ten (10) days’ notice thereof to all interested parties, and shall render a written decision on the appeal without unreasonable delay.
5. 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.
F. Variations: To recommend to the City Council, after holding a public hearing, on application for variations from the strict enforcement of any provisions of the Zoning Ordinance, in accordance with the rules and standards set forth therein.
G. Conditional Uses: To recommend to the City Council, after holding a public hearing, on applications for conditional uses listed in each of the several zoning districts.
H. Integrated Design Developments; Other Matters: To recommend to the City Council, after holding a public hearing, on applications for integrated design 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 the Zoning Ordinance.
I. Petitions For Amendments: To recommend to the City Council, after holding a public hearing, on petitions for amendment of the provisions of the City of McHenry Zoning Ordinance and the boundary lines of zoning districts established therein.
J. Findings Of Fact With Recommendations: 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.
K. Maintain Written Minutes: To keep written minutes of its proceedings, which shall be a public record.
L. File Records: 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, which shall be a public record.
M. Limited Authority: Nothing contained herein shall be construed to authorize the commission to change any of the provisions of the Zoning Ordinance 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 Director of Community Development, or to decide in favor of the applicant any matter upon which the commission is authorized to act.
N. Annual Report: File an annual report with the Mayor and City Council setting forth its transactions and recommendations.
O. Bylaws, Procedural Rules: Adopt bylaws and any other procedural rules consistent with this and other City ordinances and State Statutes.
P. Cooperation: Cooperate with County and regional Planning Commissions and other groups to promote coordinated planning.
Q. Recommend Employment Assistance: Recommend to the City Council the employment of such professional planning, legal, engineering or administrative assistance as is necessary to fulfill its responsibilities.
R. Other Required Duties: Carry out any other function concerning land subdivision or other matters that may be conferred upon it by the Subdivision Control and Development Ordinance, City of McHenry 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.
(1987 Code § 2-202)