A. Village Board Of Trustees:
1. Jurisdiction: The Village Board shall retain the following duties and responsibilities under this title:
a. Take final action on applications for amendments to the zoning title text or map, site plans and conditional uses.
b. Take action on applications for temporary buildings, structures and uses of land.
c. Designate certain days on which business establishments may conduct their businesses outside the building structure.
d. Receive and act upon all annual reports on the effectiveness of this title along with recommendations for changes.
e. Take final action on applications for variances, except variance requests concerning:
(1) Fences; and
(2) Setbacks for single-family residential structures and structures accessory thereto when such variance request concerns a then existing lot of record for which decision-making authority is vested in the Planning and Zoning Commission.
2. Final Action By Village Board: All decisions and findings of the Village Board related to this title shall, in all instances, be the final administrative decisions and shall be subject to judicial review as may be provided by law. In the case of zoning amendments, conditional uses, planned unit developments and other actions which require that approval or granting thereof be by ordinance, the enactment of an approving or granting ordinance shall be the final administrative decision and shall be subject to judicial review as may be provided by law.
B. Zoning Officer:
1. Designation: The Economic Development Director shall be the Zoning Officer.
2. Duties: The Zoning Officer, or his/her designees, shall enforce the zoning regulations and, in addition thereto and in furtherance of such authority, shall:
a. Maintain permanent and current records of this title, including, but not limited to, all maps, amendments, conditional uses, planned unit developments, variations, appeals and applications therefore.
b. Enforce all provisions of this title.
c. Provide determination of nonconforming status.
d. Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this title and notify in writing the person responsible for any violation found, indicating the nature of the violation and ordering the action necessary to correct it and advising of the right of appeal.
e. Order the discontinuance of illegal use of land, building or structures or any illegal work being done; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; and any other action authorized by statute or by this title to enusre compliance with or to prevent violation of its provisions.
f. Facilitate the application process for requests for annexation, rezoning (map amendment), conditional use, planned unit development, variation, and appeal.
g. Forward to the Village Board applications for temporary buildings, structures and uses of land.
h. Review all cases of encroachment into required yards.
i. Interpret the zoning regulations when questions arise.
j. Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment.
k. Determine the parking or loading class of a use which is not contained by name in a parking or loading class.
l. Discharge such other duties as may be placed upon the Zoning Officer by this code or the Village Board.
m. Initiate, direct and review from time to time a study of the provisions of this title and make recommendations to the Planning and Zoning Commission as such study requires.
C. Planning And Zoning Commission:
1. Planning And Zoning Commission Establishment: There is hereby established and created the Village Planning and Zoning Commission which shall perform all duties, functions and responsibilities required, necessitated or otherwise convenient to be performed by a plan commission under division 12 section 11 of the Illinois Municipal Code 1 and a zoning board of appeals under division 13 section 11 of the Illinois Municipal Code 2 .
2. Perform Duties And Function Of Prior Board Commission: All duties and functions of the Village Zoning Board of Appeals and the Village Plan Commission shall be performed by the Shorewood Planning and Zoning Commission upon the effective date hereof except that the Planning and Zoning Commission shall act solely in an advisory capacity with respect to all matters except consideration of those variances enumerated in subsection A1e of this section. Any reference to the Zoning Board of Appeals or to the Plan Commission either at law or under this Code shall mean the Village "Planning and Zoning Commission".
3. Members And Terms Of Office: The Planning and Zoning Commission shall consist of eight (8) members who are residents of the Village who will serve respectively for the following initial terms: four (4) 1-year terms and four (4) 2-year terms, with the successor to each member initially appointed serving for a term of two (2) years. The term of office for each Commissioner shall begin on May 1 of the year of appointment (and shall be retroactive to May 1, if the appointment is made after that date) and shall conclude on April 30 of the year the term of appointment concludes or thereafter until their successor is duly appointed and qualified. A member of the Village Board of Trustees shall serve as a member of the Planning and Zoning Commission as its Chair, the Trustee member shall initially be appointed to one of the one year terms. The Trustee member(s) shall only vote in the event of a tie. Additionally, a Trustee shall be appointed to serve as Vice Chair of the Planning and Zoning Commission and shall preside as Chairman in the absence of the Chair. The Vice Chair shall vote only when there is a tie vote and the Chair is not present. The terms of any current member of the Village Zoning Board of Appeals and the Village Plan Commission shall automatically terminate and cease on the effective date hereof.
4. Appointment Of Commissioners: The Village President shall appoint all members of the Planning and Zoning Commission with the advice and consent of the Board of Trustees. Members may be removed in like manner.
The Planning and Zoning Commission shall solely make recommendations to the President and Board of Trustees on the following:
a. Comprehensive or other amendments to any Village development, land use and development plans and ordinances including zoning ordinance, Comprehensive Plan, annexations, and other adopted land use plans of the Village.
b. Land planning use and development for property within the corporate limits of the Village and all property within one and one-half (11/2) miles of the Village corporate limits.
c. The development or redevelopment of any lands or lots within the Village.
d. The subdivision of all land within the Village or within one and one-half (11/2) miles of the corporate limits.
e. Landscaping and signs for projects requiring commission consideration.
f. Site plan review for new buildings or structures or the remodeling or restoration within the Village for projects requiring commission consideration.
g. Cooperating with regional planning and zoning commissions to further local planning programs and to assure harmonious integrated planning for the area.
h. Providing recommendations to the President and Board of Trustees with regard to all map amendments, planned unit developments, conditional use permits, variances and all other zoning issues and conduct such public hearings as may be required.
i. Initiating such other programs and exercise such other duties and functions as may be from time to time granted to it under law or delegated to it by the President and Board of Trustees.
j. Provide recommendations on variances which are requested, except that the Planning and Zoning Commission shall have final decision making authority for those variances enumerated in subsection A1e of this section.
6. Advisory Capacity: Except for those variances enumerated in subsection A1e of this section, the President and Board of Trustees shall exclusively determine any issues coming before the commission, the commission shall be solely advisory in nature, any decision making duties of the former Zoning Board of Appeals pursuant to this Code are hereby amended to reflect the advisory nature of the Planning and Zoning Commission.
7. Meetings And Compensation: The Planning and Zoning Commission shall meet in accordance with schedules adopted by the Village or on call of the Chair or any three (3) members of the commission. All meetings shall be conducted pursuant to law. The Chair may administer oaths and compel the attendance of witnesses.
Each nontrustee member of the Planning and Zoning Commission shall be paid fifty dollars ($50.00) for each meeting of the commission which that member actually attends. Applicants who request a special meeting of the Planning and Zoning Commission shall pay a special meeting fee of five hundred dollars ($500.00).
8. Records Of Proceeding: The commission shall keep minutes of each meeting showing, among other things, the attendance, the issues presented before the commission and the vote of each member of the commission on the issues before it. The commission may incur such expenses as are authorized by the President and Board of Trustees.
9. Quorum And Vote:
a. Five (5) members of the commission shall constitute a quorum;
b. A favorable vote of a majority of a quorum is required for any recommendation to the President and Board of Trustees;
c. Neither the Chairman nor the Vice Chairman shall be counted to establish a quorum. (Ord. 17-1864, 11-14-2017; amd. Ord. 20-1982, 8-25-2020)
Notes
| 1 | 1. 65 ILCS 5/11-12-1 et seq. |
| 2 | 2. 65 ILCS 5/11-13-1 et seq. |
| 3 | 3. 65 ILCS 5/11-12-1 et seq. |
| 4 | 4. 65 ILCS 5/11-13-1 et seq. |