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ADMINISTRATION
(A) Appointment. There is hereby created the Office of Zoning Administrator of the village. The Zoning Administrator of the village shall be appointed by the Village President with the advice and consent of the Village Board and at a salary of $50 per meeting of the Zoning Board of Appeals or Planning Commission. The Zoning Administrator shall have a one-year term or until his or her successor is appointed and has qualified. The Zoning Administrator may be an employee of the village, but shall not be an elected official, nor a member of the Zoning Board of Appeals or Planning Commission.
(B) Duties. In enforcing and administering this chapter, the Zoning Administrator shall:
(1) Issue all certificates and make and maintain records thereof;
(2) Conduct or cause to be conducted inspections of buildings, structures and uses of land to determine compliance with the terms of this chapter;
(3) Maintain permanent and current records of the chapter, including, but not limited to, all maps, amendments and special uses, variations, appeals and applications therefor;
(4) Receive, file and forward to the Zoning Board of Appeals and Planning Commission, and Village Board all applications for appeals, variations, special uses, amendments and other matters on which such boards and commission are required to act under this chapter or under Ch. 155 of this code of ordinances;
(5) Provide such clerical and technical assistance as may be required by the Zoning Board of Appeals and Planning Commission in the exercise of their duties;
(6) Be mindful of the requirements of this chapter while administering other ordinances pertaining to buildings, subdivisions and the like;
(7) Assist applicants with drafting of newspaper notices required by this chapter; and
(8) Turn over to the office manager all application and other fees received by the Zoning Administrator.
(Prior Code, § 151.061) (Ord. 96-010, passed 4-1-1996)
Cross-reference:
Zoning Administrator, see § 150.03
(A) (1) Establishment. There is hereby established a commission known as the Planning Commission of the village. The Planning Commission shall consist of five members who shall be qualified as officers of the village. They shall be the same persons who comprise the Zoning Board of Appeals.
(2) Jurisdiction and duties.
(a) The Planning Commission is hereby vested with the following powers and duties in the administration of this chapter:
1. To meet whenever requested by the committee of the Village Board having jurisdiction over planning and zoning to discuss matters of interest to that committee;
2. To post or publish notices of public hearing, and to hold such hearings as requested by the applicable statutes of the state, pertaining to proposed amendments to the regulations imposed and the districts created by this chapter, pertaining to initial zoning of property upon annexation or in accordance with annexation agreements, and to proposed special uses, as established in this chapter;
3. To make written reports and recommendations to the Village Board on any such proposed amendments, zoning upon annexation or proposed special uses;
4. To initiate, direct and review, from time to time, studies of the provisions of this chapter and to make reports of its recommendations to the Village Board;
5. To hear and decide all matters which it is required to act upon under this chapter;
6. If requested by the Village Board, to prepare a Comprehensive Plan; and
(b) The jurisdiction of the Planning Commission is not limited to zoning; for example, the Planning Commission has other duties under Ch. 155 of this code of ordinances.
(Prior Code, § 151.062)
(B) (1) All meetings requested of the Planning Commission shall be held at the call of the Chairperson, and at such other times as the Commission may determine. All testimony by witnesses at any hearing provided for in this chapter shall, at the option of the Chairperson, be given under oath. The Chairperson, or in the Chairperson’s absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall comply with the Open Meetings Act. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Planning Commission shall immediately be filed in the office of the Village Clerk and shall be a public record.
(2) The concurring vote of a majority of a quorum of the Planning Commission, is necessary to decide in favor of the applicant any matter under this chapter, or to recommend any amendment or special use to the Village Board.
(3) The Planning Commission may have rules of procedure which shall be approved from time to time by the Village Board.
(Prior Code, § 151.063)
(Ord. 96-010, passed 4-1-1996; Ord. 2001-014, passed 8-6-2001; Ord. 2010-029, passed 8-2-2010)
(A) Authority. The regulations imposed and the districts created under the authority of this chapter may be amended from time to time by ordinance. An amendment shall be granted or denied by the Village Board only after proper notice and a public hearing before the Planning Commission and a report of its findings and recommendations has been submitted to the Village Board.
(B) Initiation. Amendments may be proposed by the Village Board or by a resident or owner of property in the village.
(C) Processing.
(1) A petition for an amendment shall be filed with the Zoning Administrator in the form at the end of this chapter and designated as Appendix A. Such petition shall be forwarded from the Zoning Administrator to the Planning Commission with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of petitioner and the time and place of the hearing:
(a) By publishing a notice thereof at least once in one or more newspapers in general circulation within the village not more than 30, nor less than 15, days prior to the hearing; and
(b) By giving a written notice by first class mail at least 15 days before the hearing to the owners of the properties located adjacent to the location for which the amendment is requested.
(2) Failure to comply with division (C)(1)(b) above will not void an amendment.
(D) Conduct of Planning Commission hearing and report.
(1) The Planning Commission shall conduct a public hearing in accordance with § 157.122(B) of this chapter. At the hearing, the Planning Commission shall take testimony as necessary and shall consider as a minimum the following questions, and answer each question in the affirmative or negative, with comments as appropriate:
(a) Will the proposed change be consistent with existing commitments and/or planned public improvements?
(b) Will the proposed change be beneficial to the neighborhood and its need for development or redevelopment?
(c) Have major land use changes occurred, and/or have major changes in the condition of the buildings and structures occurred that affect the original zoning of the subject area?
(d) Will the proposed change encourage nearby development without the need for additional zoning amendments?
(e) Will existing servicing utilities and streets have adequate carrying capacity to accommodate the proposed change?
(f) Will the proposed change have an effect on vehicular and pedestrian traffic?
(g) Will the proposed change impact living conditions in the vicinity by changing environmental factors such as sunlight, air and water quality or noise?
(h) If a Comprehensive Plan has been adopted, is the proposed change consistent therewith?
(2) The Planning Commission shall prepare and transmit to the Village Board a written recommendation regarding the proposed amendment, along with a copy of its minutes.
(E) Action by the Village Board. The Village Board, after receiving the report of the Planning Commission and without further public hearing, except for any new matter not presented to the Planning Commission and which the Village Board deems relevant, may grant by ordinance any proposed amendment or may refer it back to the recommending body for further consideration. A failure to pass an ordinance shall be deemed a denial of the petition. Any written protest against any proposed amendment of the regulations or districts may be signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered. If such written protest in such manner is filed with the Clerk of the village and the applicant and the applicant’s attorney five days prior to public hearing, the amendment shall not be passed, except by a favorable vote of two-thirds of the Village Board then holding office.
(Prior Code, § 151.064) (Ord. 96-010, passed 4-1-1996)
Whenever a proposed annexation agreement containing provisions for zoning is filed with the village, the proposed agreement shall serve as the petition for amendment; hearing shall be conducted in accordance with § 157.123 of this chapter. In the event a proposed annexation agreement requests variations of the provisions of this chapter, the Planning Commission shall consider the variations requested along with the other zoning issues. The notices required by § 157.123 of this chapter shall include a notice of the requested variation.
(Prior Code, § 151.065) (Ord. 96-010, passed 4-1-1996)
(A) Purpose. The development and execution of this chapter is based upon the division of the village into districts, within any one of which the use of land, buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use of the particular location. Such special uses fall into two categories:
(1) Uses operated by a public agency or publicly-regulated utilities, or uses traditionally affected with a public interest; or
(2) Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(B) Initiation. A written petition for a special use may be made by any person, firm or corporation who is the owner of real estate for which such special use is sought, requesting or intending to request application for a special use.
(C) Processing.
(1) A petition for a special use in the form attached at the end of this section and marked as Appendix B shall be filed with the Zoning Administrator. Such petition shall be forwarded by the Zoning Administrator to the Planning Commission with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of the petitioner and the time and place of the hearing:
(a) By publishing a notice thereof at least once in one or more newspapers in general circulation within the village not more than 30 days, nor less than 15 days, prior to the hearing; and
(b) By mailing a written notice before the hearing to the owners of the properties located adjacent to the location for which the special use is requested.
(2) Failure to comply with division (C)(1)(b) above shall not void the special use.
(3) The Planning Commission shall make a finding on the request and shall submit a recommendation to the Village Board for decision.
(D) Findings. Before any special use shall be recommended to the Village Board, the Planning Commission shall make written findings certifying that the special use:
(1) Is proposed to be operated, designed and located so that the public health, safety and welfare will be protected; and
(2) Will not cause substantial injury to the value of other property in the vicinity in which it is located.
(E) Decisions. The Village Board, after receiving the finding and recommendation and minutes of the Planning Commission and without further public hearing, may grant or deny the proposed special use by ordinance or may refer it back to the Planning Commission for further consideration.
(Prior Code, § 151.066) (Ord. 96-010, passed 4-1-1996)
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