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Brookfield City Zoning Code

ARTICLE VI

ADMINISTRATIVE OFFICIALS AND BODIES

Sec. 62-552. - Village manager, generally.

The village manager shall be charged with the administration and enforcement of this chapter. In addition to the jurisdiction, authority and duties conferred on the village manager by other provisions of the state consolidated statutes, as amended, and the village codes and ordinances, the village manager shall have all powers necessary to undertake administration and enforcement, and shall, in particular, have the jurisdiction, authority and duties hereinafter set forth. Further, the village manager shall have the power to appoint a zoning enforcement administrator and such other personnel as may be necessary to assist him in the undertaking of his duties.

(Code 1964, § 30-9.01(A))

Sec. 62-553. - Rules, regulations and application forms.

The village manager shall himself, or may direct the zoning enforcement administrator, consistent with the expressed standards, purposes and intent of this chapter, to promulgate, adopt and issue such procedural rules, regulations and forms as are deemed by the village manager necessary to effect the administration and enforcement of this chapter.

(Code 1964, § 30-9.01(B))

Sec. 62-554. - Zoning enforcement administrator.

The zoning enforcement administrator who shall be appointed by the village manager shall have the following powers and duties:

(1)

Receive and process all requests for special use permits, variations, and amendments to the provisions of this chapter, or appeal of its interpretation.

(2)

Be responsible for the interpretation of the provisions and regulations of this chapter.

(3)

Assist the various boards and commissions having duties and responsibilities conferred by this chapter by preparing information of fact, performing research, and making recommendations on matters brought before each such body.

(4)

Cause to have prepared and published no later than March 31, of each year, a map clearly showing existing zoning uses, divisions, restrictions, regulations, classifications reflecting changes from the preceding calendar year.

(5)

Issue all zoning compliance certificates and make and maintain a record thereof.

(6)

Issue all occupancy certificates and make and maintain a record thereof.

(7)

Issue all special use permits and make and maintain a record thereof.

(8)

Issue temporary use permits and make and maintain a record thereof.

(9)

Maintain for public inspection, at all times during the normal business hours of the village hall, a copy of this chapter along with the zoning map together with all amendments thereto.

(10)

Conduct inspections as prescribed by this chapter and such other inspections as are necessary to ensure compliance with the various provisions of this chapter.

(11)

Make a determination from public records or inspections of nonconforming recorded lots, structures and uses to properly enforce this chapter.

(12)

Perform such other duties as are delegated to him by the village manager or the provisions of this chapter so as to administer and enforce the provisions of the same.

(Code 1964, § 30-9.01(C))

Sec. 62-601. - Planning and zoning commission.

The planning and zoning commission shall be as defined and established in chapter 2 of this Code. This division contains the additional duties, powers and jurisdiction granted the planning and zoning commission by this chapter.

(Code 1964, § 30-9.03; Ord. No. 97-34, 7-14-1997; Ord. No. 2006-12, 2-13-2006, § 3(30.09.03); Ord. No. 2013-69, § 26, 12-16-2013)

Sec. 62-602. - Commission meetings, hearing and procedures.

In the absence of the chairperson, the planning and zoning commission may appoint one of its own members as temporary chairperson, and who shall have the same powers and duties as the chairperson. The planning and zoning commission shall adopt its own rules of procedure not inconsistent with this chapter or the state complied statutes. All testimony at any hearing of the planning and zoning commission in matters relative to this chapter shall be taken under oath, and materials presented as evidence at such hearing shall be marked and be made a permanent part of the record. No hearing shall be conducted without a quorum of the planning and zoning commission members being present. Every rule or regulation and its amendment or recommendation intended for advising the village board of trustees in matters of amending zoning district boundaries, granting of special use permits and planned developments, and initiating or reviewing recommendations for changes to this chapter or matters related to planning and zoning and the administration thereto of the planning and zoning commission shall be immediately filed in the office of the village clerk and shall be public record.

(Code 1964, § 30-9.03(A); Ord. No. 97-34, 7-14-1997; Ord. No. 2006-12, 2-13-2006, § 3(30.09.03A)); Ord. No. 2013-69, § 27, 12-16-2013)

Sec. 62-603. - Quorum and voting.

No business shall be transacted by the planning and zoning commission where a hearing is undertaken related to this chapter without a quorum consisting of four members being present. A member attending via audio or video conference is not considered to be a physically present member for purposes of establishing a quorum under this section. The concurring vote of at least four members of the planning and zoning commission shall be necessary on any motion to reverse any order, requirement, decision or determination appealed to it; to decide in favor of the applicant of any application made or to effect a variation from the provisions of this chapter. Any lesser vote on any such motion, even if made by a majority of those voting, shall be considered a final decision denying the appeal, application or variation. If less than a quorum is present, the meeting or hearing may be adjourned to a place, time and date specific, and as provided in the Illinois Open Meetings Act, as amended. Any absent member who certifies that he has reviewed the record of the proceedings before the planning and zoning commission may vote upon any question before the planning and zoning commission. No member of the planning and zoning commission shall participate in any hearing or the disposition of any matter in which that member has an interest as such term is defined in applicable state law; and, any conflict of interest prohibited by state law shall disqualify a member for so voting.

(Code 1964, § 30-9.03(B); Ord. No. 97-34, 7-14-1997; Ord. No. 2006-79, § 16; Ord. No. 2013-69, § 28, 12-16-2013)

Sec. 62-604. - Jurisdiction and authority.

The planning and zoning commission shall have the following jurisdiction and authority under the terms of this chapter:

(1)

Subject to the planned development provisions of this chapter, the planning and zoning commission may hear, review and offer its recommendations to the board of trustees regarding the issuance of a permit allowing a planned development.

(2)

Subject to the provisions of this chapter, the planning and zoning commission may hear, review and offer its recommendations to the board of trustees regarding amendment requests to change the zoning district classification of property.

(3)

Subject to the provisions of this chapter, the planning and zoning commission may initiate recommendations for change to this chapter, the zoning map or matters related to planning and zoning procedures and administration in the village.

(4)

Subject to special use provisions of this chapter, the planning and zoning commission may hear, review and offer its recommendation to the board of trustees regarding the issuance of special use permits.

(5)

Subject to the variation provisions and standards of this chapter, the planning and zoning commission may hear, review and offer its recommendations to the board of trustees on applications from variance from the requirements of this chapter.

(6)

Subject to the interpretation provisions and procedures of this chapter, the planning and zoning commission may hear and decide matters of zoning ordinance interpretation appeals from, and to review orders, decisions or determinations made by the village manager or other officer, if so designated. The planning and zoning commission shall have final authority for the village over those matters so interpreted and which are within the jurisdiction of this chapter.

(7)

Subject to the appeal provisions and procedures of this chapter, the planning and zoning commission may hear and decide appeals from, and to review orders, decisions or determinations made by the village manager or other officer, if so designated. The planning and zoning commission shall have final authority for the village over those matters so appealed and which are within the jurisdiction of this chapter.

(Code 1964, § 30-9.03(C); Ord. No. 97-34, 7-14-1997; Ord. No. 2013-69, § 29, 12-16-2013)