A. The administration of this title is hereby vested in the following:
1. The Zoning Officer;
2. The Plan Commission; and
3. The Village Board.
B. Zoning Officer.
1. General powers. The Zoning Officer is charged with the administration and enforcement of this title. In addition to the jurisdiction, authority and duties conferred on the Zoning Officer by other provisions of state statutes and village codes and ordinances, the Zoning Officer has all powers necessary for the administration and enforcement of this title and, in particular, has the jurisdiction, authority and duties in this section.
2. Rules; regulations; application forms. The Zoning Officer, consistent with the express standards, purposes and intent of this title, promulgate, may adopt and issue procedural rules, regulations and forms as are in the Zoning Officer’s opinion necessary for the effective administration and enforcement of the provisions of this title.
3. Staff assistance to the Plan Commission. The Zoning Officer will make staff and consulting assistance available to the Plan Commission, and the Zoning Officer will in that capacity:
a. Attend the meetings of the Plan Commission;
b. Inform the Plan Commission of relevant facts and information at the Zoning Officer’s disposal with respect to any matter brought before the Plan Commission;
c. Assist the Plan Commission by performing research and making recommendations on matters brought before the Plan Commission; and
d. Perform such other duties as may be assigned to the Zoning Officer by this title and by the direction of the Village Administrator.
4. Records. The Zoning Officer will, subject to village record retention policies, maintain:
a. Permanent and current records of this title, including all maps; amendments; special use permits; planned development and site plan approvals and denials; interpretations; and decisions rendered by the Plan Commission, the village attorney and the Zoning Officer, together with relevant background files and materials and final disposition of the Village Board; and
b. A current file of all certificates of zoning compliance, all certificates of occupancy and notices of violations, terminations, discontinuance or removal, issued by or entrusted to Zoning Officer’s office, for such times necessary to ensure continuous compliance with the provisions of this title.
5. Zoning text; zoning map.
a. The Zoning Officer will prepare and have available for public sale on or before March of each year:
(1) The compiled text of this title in book or pamphlet form, including all amendments thereto through the preceding December 31; and
(2) The official zoning map, showing the zoning districts, divisions and classifications in effect on the preceding December 31.
b. The Zoning Officer will, at all other times, maintain, and have available for reproduction, at least one up-to-date copy of both the text of this title and the zoning map, showing all amendments through the most recent meeting of a Village Board for which official minutes have been approved.
6. Applications. Receipt, processing, referral to interested parties and agencies.
The Zoning Officer will receive all applications required to be filed pursuant to this title and determine when any application is complete. Upon receipt of any such application, the Zoning Officer will see to its processing, including its referral to and retrieval from each official department, Board or commission of the village, or other government, with any interest or duty with respect to such application. Unless otherwise provided, the Zoning Officer may waive any application requirements that require the submission of supporting information where the applicant demonstrates to the satisfaction of the Zoning Officer that the information required is not relevant to or necessary for the determination of the application submitted.
7. Investigation of applications. Whenever the Plan Commission or the Village Board request by general rule or specific direction, the Zoning Officer will conduct or cause to be conducted such surveys, investigations and field studies, and will prepare or cause to be prepared such reports, maps, photographs, charts and exhibits, as will be necessary and appropriate to the processing of any application filed pursuant to this title.
8. Certificates of zoning compliance and certificates of occupancy. Pursuant to the provisions of subsections 9-6-3
A. and 9-6-3
B. of this chapter, the Zoning Officer will review all applications for certificates of zoning compliance and certificates of occupancy and approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this title.
9. Interpretations. Pursuant to the provisions of subsection 9-6-4
A. of this chapter, the Zoning Officer will issue written interpretations of the meaning and applicability of specific provisions of this title. Any interpretation of this title that may be rendered by the Zoning Officer or the Plan Commission will be kept on file with the Zoning Officer and will be a public record of the village.
12. Extensions of time.
a. The Zoning Officer may, upon written request, for good cause shown and without any notice or hearing, grant extensions of any time limit imposed on an applicant or permittee by this title unless an ordinance or resolution expressly provides otherwise. The total period of time granted by such extension or extensions will not exceed the length of the original period or ninety (90) days, whichever is less.
b. The Village Board may, upon written request, for good cause shown, and without any notice or hearing, grant extensions of any time limited imposed on an applicant or permittee by this title provided an ordinance or resolution, as appropriate, is duly adopted by a majority vote of the trustees. The total period of time granted by such extension or extensions will be specifically stated in the ordinance or resolution.
13. Inspection and enforcement. In furtherance of the enforcement of this title, the Zoning Officer will undertake regular and continuing programs of inspection of work approved and underway and of existing structures and uses as may be feasible and proper; will undertake additional inspections as may be necessary to the performance of their duties under this title; will receive from any person complaints alleging, with particularity, a violation of this title; and when appropriate will cause investigations and inspections as may be warranted under the circumstances. Upon finding the existence of any violation of this title, the Zoning Officer will take or direct all actions necessary or appropriate to penalize and abate such violation under section 9-6-7 of this chapter and other applicable laws.
14. Reports. The Zoning Officer will, from time to time, prepare and submit a report to the Village Board and the Plan Commission concerning the administration of the land use and development regulations of the village, setting forth information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of such regulations and setting forth the Zoning Officer’s recommendations for the improvement of these regulations and their administration.
C. Plan Commission.
1. Established. The Plan Commission established by Title 2, Chapter 2 of the Woodridge Village Code, as amended, is the zoning Board of appeals and Plan Commission referred to in this title. The provisions of this title with respect to the Plan Commission are supplementary to the provisions of the Woodridge Village Code, as amended. Reference should be made to the Woodridge Village Code for a complete description of the membership, term of office and rules of procedure of the Plan Commission. Any distinctions made in this title between the Zoning Board of Appeals and Plan Commission are established for the purposes of defining the authority of the Plan Commission and in what capacity it is operating on a particular form of relief provided under this title.
2. Plan Commission authority and procedures.
a. The Plan Commission is vested with the following powers and duties:
(1) To hear, consider, and recommend to the Village Board matters dealing with amendments to this title;
(2) To hear, consider, and recommend to the Village Board matters dealing with the granting of special uses;
(3) To hear, consider, and recommend to the Village Board variances to this title, including those that may be requested in connection with special uses, rezoning, subdivisions, annexation requests, or other zoning approval requests;
(4) To hear, consider, and recommend to the Village Board matters dealing with the granting of planned developments;
(5) To prepare and recommend to the Village Board a new comprehensive land use plan for the present and future development or redevelopment of the village and contiguous unincorporated territory within one and one-half miles of the corporate limits of the village and not located in any other municipality;
(6) To designate, subject to final consideration, evaluation and approval of the Village Board, land suitable for annexation to the village and the recommended zoning classification for such land upon annexation;
(7) To recommend to the Village Board, from time to time, such changes in the comprehensive land use plan or any part thereof, as may be deemed necessary;
(8) To prepare and recommend to the Village Board, from time to time, plans or recommendations for specific improvements in pursuance of the comprehensive land use plan's goals and objectives;
(9) To give aid to the officials of the village charged with the direction of projects for improvements embraced within the comprehensive land use plan, or parts thereof, to further the making of such improvements and generally to promote the realization of the comprehensive land use plan;
(10) To consider and recommend to the Village Board all matters which it is required to act upon under the terms of this chapter or under the law;
(11) To recommend, subject to final consideration, evaluation and approval by the Village Board, reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment with respect to public improvements;
(12) To recommend, subject to final consideration, evaluation and approval by the Village Board, reasonable standards governing the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, streetlights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, sanitary sewers, and sewage collection;
(13) To study and make recommendations regarding matters dealing with the planning of the community;
(14) To direct and review, from time to time, studies of the provisions of this chapter, and to make recommendations to the Village Board regarding any changes to the ordinance;
(15) To cooperate with the municipal or regional planning commissions and other agencies or groups to further local planning initiatives and to assure harmonious and integrated planning for the area; and
(16) To hear, consider and make final determinations on appeals from decisions and interpretations under this title by the Zoning Officer.
b. Necessary vote. The concurring vote of at least four (4) of the currently appointed members will be necessary to take any action or adopt any motion to recommend approval of any matter or application. Any lesser vote on any such motion, even if a majority of those voting, will be considered a final decision to recommend denial of such matter or application.
c. Record. The transcript of testimony, if any; the minutes of the secretary; all applications, requests, exhibits and papers filed in any proceeding before the Plan Commission; and the decision of the Plan Commission will constitute the record. The Plan Commission may rely on the personal knowledge of its members, on its inspections of the property and on any reports available to it; provided, however, that the Plan Commission will make the particular knowledge, inspection or report a matter of record at the public hearing and afford every party reasonable time to respond to it.
d. Decisions.
(1) Every decision of the Plan Commission that is deemed to be a final decision on a matter will be in writing and include findings of fact; refer to all the evidence in the record and to the exhibits, plans or specifications upon which the decision is based; specify the reason or reasons for the decision; contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief; and expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized.
(2) The Plan Commission will take no final or binding vote on a decision unless it first has before it the written decision or resolution; provided, however, that where special circumstances warrant it, as determined by the Plan Commission, it may take final action prior to the preparation of the decision or resolution but before taking such action, first state its findings and conclusions at a meeting open to the public and will, in addition, state the special circumstances.
(3) Every decision of the Plan Commission that is a recommendation to the Village Board may be made by written decision, written resolution, or by written report of the chairperson to the mayor and Village Board in accordance with the provisions of this subsection.
(4) In any case where this code provides that the failure of the Plan Commission to act within a fixed period is deemed to be a denial of an application, the failure will, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Plan Commission rendered on the day following the expiration of such fixed period. (Ord. 2024-6, 3-7-2024)