(A) Planning and Zoning Commission established.
(1) There is hereby established a Planning and Zoning Commission. The Planning and Zoning Commission shall consist of seven members appointed by the Mayor and confirmed by the City Council. The members of the Planning and Zoning Commission shall serve respectively for the following terms:
(a) One for one year;
(b) Two for two years;
(c) Two for three years;
(d) Two for four years.
(2) The successor of each member so appointed shall serve for a period of three years.
(3) Vacancies shall be filled by the Mayor subject confirmation by the City Council, for the unexpired term.
(4) One of the members of the Planning and Zoning Commission shall be designated by the Mayor, with the consent of the City Council, as Chairperson of the Commission and shall hold such office as Chairperson until a successor is appointed. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(B) Authority.
(1) The Planning and Zoning Commission hereby created shall have the powers and duties designated by ILCS Ch. 65, Act 5, §§ 11-12-4 through 11-12-12, and as more particularly specified in this section. These references related to the planning portion of the Planning Commission and Zoning Board of Appeals.
(2) In addition, as to the zoning powers and duties of the combined Planning Commission and Zoning Board of Appeals, they are to be found in ILCS Ch. 65, Act 5, §§ 11-13-1 through 11-13-20, § 11-15-1 and §§ 11-15.1-1 through 11-15.1-5.
(3) Wherever the City of Paxton Code of Ordinances references "Planning Commission" and/or "Zoning Board of Appeals," such reference shall mean the Planning and Zoning Commission referenced herein which shall have the powers, authority, and duties previously assigned to the Planning Commission and/or Zoning Board of Appeals.
(C) General. In addition to as elsewhere provided, the Planning and Zoning Commission shall have the following powers and duties:
(1) To prepare and recommend to the City Council a comprehensive plan of public improvements, looking to the present and future development and growth of the city. Such a plan, after its adoption by the City Council, shall include reasonable requirements in reference to streets, alleys and public grounds within the corporate limits and in contiguous territory outside of the distance not more than one and one-half miles from such limits, and not included in a municipality, the requirements to be effective whenever such lands shall be subdivided after the adoption of such plan.
(2) To prepare and recommend to the City Council, from time to time, such changes in the plan or any part thereof as may be deemed necessary by the City Council.
(3) To prepare and recommend to the City Council, from time to time, plans and/or recommendations for specific improvements in pursuance of the official plan.
(4) To give aid to the officials of the city charged with the direction of projects for improvements embraced within the official plan, to further the making of such improvements and generally promote the realization of the official plan.
(5) To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding.
(6) 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.
(7) To exercise such powers granted under authority of an act of general assembly of the State of Illinois, entitled the Illinois Municipal Code, as may be conferred by the City Council.
(D) Zoning duties.
(1) The Planning and Zoning Commission shall meet at the call of the Chair and at such other times as it may determine. All meetings shall be open to the public. The Planning and Zoning Commission shall keep minutes of its proceedings including findings of fact, all its determinations and decisions, which minutes shall be filed in the office of the City Clerk and shall be public record.
(2) An appeal may be taken to the Planning and Zoning Commission by any person, group or organization, public or private, affected by a decision by the Building Inspector. Such appeal shall be taken within 45 days by filing with the Building Inspector and with the Planning and Zoning Commission, a notice of appeal specifying the grounds thereof. An appeal shall stay all proceedings in furtherance of the action appealed from unless, the Building Inspector certifies to the Planning and Zoning Commission after the notice of appeal has been filed with him or her that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not stay otherwise than by restraining order, which may be granted by the Planning and Zoning Commission or by a court of record on application on notice to the Building Inspector and on due cause shown.
(E) Powers. The Planning and Zoning Commission shall have all the powers and duties prescribed by law and by this section, which are more particularly specified as follows:
(1) Interpretation/appeals. Upon appeal from a decision, order, requirement, or determination by the Building Inspector or other administrative official to decide any question involving the interpretation of any provision of this section, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2) Variances.
(a) To vary or adapt, subject to the following provisions, the strict application of any of the requirements of this section in the case of exceptionally irregular, narrow, or shallow lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case.
(b) No variance in the strict application of any provisions of this section shall be granted by the Planning and Zoning Commission unless it finds:
1. That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that the circumstances or conditions are such that the strict application of the provisions of this section would deprive the applicant of the reasonable use of such land or building; and
2. That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance, as granted by the Planning and Zoning Commission, is the minimum variance that will accomplish the purpose; and
3. That the granting of the variance will be in harmony with the general purpose and intent of this section and will not be injurious to the neighborhood or otherwise detrimental to the public welfare or in conflict with the general plan. In granting any variance, the Planning and Zoning Commission shall prescribe any conditions that it deems to be necessary or desirable.
(3) Planning for Zoning Ordinance, land use, and city growth matters.
(4) Consider and act upon any and all matters customarily assigned to a Municipal Planning Commission and all matters customarily assigned to a Municipal Zoning Board of Appeals.
(5) All matters specifically referred to it by this section, statute, or the City Council.
(F) Procedures.
(1) The Planning and Zoning Commission shall act in strict accordance with the procedures specified by law and by this section. All appeals and applications made to the Commission shall be in writing, on forms prescribed by the Planning and Zoning Commission. Every appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth the interpretation that is claimed, the use for which the special use permit is sought, or the detail of the variance sought to be granted, as the case may be.
(2) The Planning and Zoning Commission shall fix a reasonable time for the hearing of the appeal or application and give due notice thereof to the parties and decide the matter within a reasonable time. Hearings and all proceedings of the Commission shall be in conformity with ILCS Ch. 65, Act 5, § 11-13-1 et seq. All hearings shall be open to the public and any party in interest may appear in person or by agent or attorney. The Commission Chair or Acting Chair shall have the power to administer oaths and shall conduct the meeting.
(3) Every decision of the Planning and Zoning Commission shall be by motion or resolution which shall contain the findings of the Commission in the particular case. Each decision shall be filed in the office of the City Clerk by case number under one or the other following headings: Interpretations or Variances or Special Use Applications, together with all documents pertaining thereto.
(4) The Planning and Zoning Commission shall notify the City Council of each special use permit application with its recommendation and each variance granted under the provisions of this section.
(5) The concurring vote of four members of the Planning and Zoning Commission is necessary to revise any order, requirement, decision, or determination of the Building Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass, or to affect any variation in the ordinance, or to recommend any variation or modification in the ordinance to corporate authorities.
(6) The proceedings of the Planning and Zoning Commission shall be subject to and in compliance with all applicable state laws and other legal principles. If the provisions of this section conflict with state statute, the statute shall prevail.
(Ord. 88-30, passed 8-8-88; Am. Ord. 17-21, passed 5-9-17; Am. Ord. 21-19, passed 12-14-21)