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The appeal shall stay all proceedings and furtherance of the action appealed from, unless the Building Commissioner/Inspector certifies to the Planning, Zoning and Development Commission, after notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property; in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Commission or by Court of Record on application, with notice to the officer from whom the appeal is taken, and all due causes shown.
(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95)
The Planning, Zoning and Development Commission shall have the following powers and duties:
(A) (1) To prepare and recommend to the corporate authorities a comprehensive plan for the present and future development or redevelopment of the village and contiguous unincorporated territory not more than 1-½ miles beyond the corporate limits of the village and not included in any other municipality. Such plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the Official Comprehensive Plan, or part thereof, of the village. Such Plan shall be advisory except as to such part thereof as has been implemented by ordinance duly enacted by the Village Board of Trustees. All requirements for public hearings, filing of notice of adoption with the County Recorder of Deeds and filing of the Plan and ordinances with the Village Clerk shall be complied with as provided for by law; and
(2) To provide for the health, safety, comfort, and convenience of the inhabitants of the village and contiguous territory, such Plan or Plans shall establish reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopments in respect to public improvements as herein defined and shall establish reasonable requirements governing the location, width, course, and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment. The requirements specified herein shall become regulatory only when adopted by ordinance.
(B) To designate land suitable for annexation to the municipality and the recommended zoning classification for such land upon annexation.
(C) To recommend to the corporate authorities from time to time such changes in the Comprehensive Plan, or any part thereof, as may be deemed necessary.
(D) To prepare and recommend to the corporate authorities from time to time, plans or recommendations for specific improvements pursuant to the Official Comprehensive Plan.
(E) To give aid to the officials of the village charged with the direction of projects for improvements embraced within the Official Plan, or parts thereof, to further the making of such improvements and generally to promote the realization of the Official Comprehensive Plan.
(F) To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding.
(G) To cooperate with municipal or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area.
(H) To exercise such other powers germane to the powers granted under authority of the "Illinois Municipal Code".
(Ord. 95-06, passed 4-10-95)
The Planning, Zoning and Development Commission shall have in addition to the powers and duties set forth in § 159.166, the authority and responsibility to hear and report findings and recommendations to the President and Village Board of Trustees on all applications for amendments and special use permits in the manner prescribed by the following standards and other regulations set forth herein:
(A) Initiation of amendment. Amendments may be proposed by the President or the Village Board of Trustees, the Planning, Zoning and Development Commission, or any property owner.
(B) Processing application for amendment.
(1) An application for an amendment shall be filed with the Village Clerk. The application shall be accompanied by such plans or data, and such other information, as specified by the Planning, Zoning and Development Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards of the village ordinances and as set forth herein. Copies of such application shall be forwarded by the Village Board to the Planning, Zoning and Development Commission with the request to hold a public hearing.
(2) Notices.
(a) The Planning, Zoning and Development Commission shall give notices of the public hearings to the applicant and to the owners or occupants of other properties which may be affected as determined by the Planning, Zoning and Development Commission.
(b) All notices shall be in writing and shall give time, place, and purpose of such hearing and shall he mailed not more than 30 days, nor less than 15 days, in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the tax assessor's rolls and with sufficient postage affixed thereof, with return receipt requested.
(3) Publication. The Planning, Zoning and Development Commission shall cause a notice of time, place, and purpose of such hearing to he published in a newspaper of general circulation within the village not more than 30 days nor less than 15 days in advance of such hearing.
(4) Hearing on application. Upon receipt in proper form of the application and statement referred to above, the Planning, Zoning and Development Commission shall hold at least one public hearing on the proposed amendment. However, the Planning, Zoning and Development Commission may continue from time to time the hearing without further notice being published.
(5) Findings of fact and recommendation of the Planning, Zoning and Development Commission. Within 45 days after the close of the hearing on a proposed amendment, the Planning, Zoning and Development Commission shall make written findings of fact and shall submit same, together with its recommendations to the President and Village Board of Trustees. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning, Zoning and Development Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(a) Existing uses of property within the general area of the property in question;
(b) The zoning classification of property within the general area of the property in question;
(c) The suitability of the property in question to the uses permitted under the existing zoning classification; and
(d) The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification.
(C) Decisions.
(1) The Planning, Zoning and Development Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested.
(2) A concurring vote of a majority of those voting members present at the meeting shall he required to recommend granting or denying an application for an amendment.
(3) Report to the Village Board shall contain number present and number of votes for or against the motion.
(D) Action by the President and Village Board of Trustees.
(1) The President and Village Board of Trustees, upon receiving the recommendations of the Planning, Zoning and Development Commission, may grant or deny any proposed amendments in accordance with applicable state statutes, or may refer to the Planning, Zoning and Development Commission for further consideration.
(2) If an application for a proposed amendment is not acted upon finally by the Village Board within six months of the date upon which such application is received by the President and Village Board of Trustees, it shall he deemed to have been denied.
(E) Fees. A fee in the sum of $150 shall accompany all petitions for zoning amendments and use permits. Such fee shall he paid to the Village Clerk who shall give a receipt therefore, and account therefor to the Village Board.
(Ord. 95-06, passed 4-10-95)
(A) At any time or times, before or after the formal adoption of the Official Comprehensive Plan by the corporate authorities, an official map may be designated by ordinance, which map may consist of the whole area included within the Official Comprehensive Plan, or one or more separate geographical or functional parts, and may include all or any part of the contiguous unincorporated area within 1-½ miles from the corporate limits of the village. All requirements for public hearing, filing of notice of adoption with the County Recorder of Deeds, and filing of that plan and ordinances, including the official map, with the Village Clerk shall be complied with as provided for by law.
(B) No map or plat of any subdivision or resubdivision presented for record affecting land within the corporate limits of the village or within contiguous territory which is not more that 1-½ miles beyond the corporate limits shall he entitled to record or shall be valid unless the subdivision in shown thereon provides for standards of design and standards governing streets, alleys, public ways, ways for public service facilities, street lights, public grounds, size of lots to he used for residential purposes, storm and flood water run-off channels and basins, water supply and distributions, sanitary sewers, and sewage collection and treatment in conformity with the applicable requirements of the ordinances, including the official map.
(Ord. 95-06, passed 4-10-95)
All final administrative decisions of the Planning, Zoning and Development Commission under this subchapter shall be subject to judicial review pursuant to the provisions of the "Administrative Review Act," of the State of Illinois, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term
ADMINISTRATIVE DECISION is defined as in Section 1 of the "Administrative Review Act."
(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95)
ADMINISTRATION AND ENFORCEMENT
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