A.   Pursuant to authority granted by the Illinois Compiled Statutes, a Planning Commission is hereby created, and shall be known as the Carbondale Planning Commission. Said Planning Commission shall consist of nine (9) members appointed by the Mayor subject to confirmation by the City Council, and one City Council person serving in an ex officio capacity without the right to vote. Members of the Planning Commission shall also comprise the membership of the Zoning Board of Appeals.

   B.   The Chairperson may appoint subcommittees from the Commission’s membership as deemed necessary by the Commission to carry out the objects, purposes, and duties of the Planning Commission. Subcommittees are required to provide minutes and agenda in accordance with the Open Meetings Act. (Ord. 2017-45; Ord. 2020-51)

The Carbondale Planning Commission may adopt and later change or alter its bylaws consistent with City ordinances and State laws. The Planning Commission shall keep written records of its proceedings which shall be open at all times to public inspection. The Planning Commission shall also file an annual report with the Mayor and City Council setting forth its transactions and recommendations, and such other reports as may be requested by the Mayor or Council. (Ord. 2013-20; Ord. 2020-51)

The Carbondale Planning Commission shall have the following powers and duties:

   A.   To originate, prepare and recommend to the City Council a Comprehensive Plan for its consideration and adoption as a guide for the future physical and social development of a territory which includes the City and up to one and one-half (11/2) miles from the corporate limits of the City. Such Comprehensive Plan shall be periodically reviewed by the Planning Commission and recommendations made to the City Council for changes as deemed appropriate by the Planning Commission. Such comprehensive plan shall include the following elements which may be recommended to the City Council separately or as in integrated units:

      1.   Community facilities plan.

      2.   Land use plan.

      3.   Thoroughfare plan.

   B.   To review and make recommendations at the specific request of the City Council or the City Manager, plans prepared by the development services department or others, which purport to:

      1.   Alleviate or solve social problems which confront the citizenry of the city whether as individuals or groups;

      2.   Provide for the economic development of the city;

      3.   Provide for the improvement of housing conditions within the city.

   C.   To review and make recommendations to the City Council concerning the continuing capital improvements program for the city as it relates to the comprehensive plan. Such recommendations shall be made prior to the adoption of such capital improvements program by the City Council, said review to be limited to the applicability of said program to the comprehensive plan of the city.

   D.   To promote the comprehensive plan, other plans as they are approved by the City Council, and the capital improvements program and to consult such approved plans as issues arise which have relation thereto as requested by the City Council or City Manager.

   E.   To review and make recommendations to the City Council on proposed subdivision as provided in the subdivision regulations of this title.

   F.   To arrange for and conduct any form of publicity relative to its activities for the general purpose of public understanding as requested by the City Council or the City Manager.

   G.   To cooperate with other municipal and regional planning commissions and other agencies or groups to further the local planning program and to promote harmonious and integrated planning for the area as requested by the City Council or the City Manager.

   H.   To originate and recommend to the City Council, after public hearing, amendment, change, supplement, or repeal of the zoning ordinance; conduct public hearings on amendments to the zoning ordinance that may be submitted for consideration; and conduct public hearings and make recommendations on other matters relative to the developmental aspects of the city.

   I.   To exercise such other powers germane to the powers granted hereunder as requested by the City Council.

   J.   To review and comment on the Preservation Commission recommendations to the City Council on preservation district designations. (Ord. 2013-20; Ord. 2020-51)

A designee of the Development Services Department of the city, who is an employee of the city, shall serve as executive secretary to the Carbondale Planning Commission, and the staff of the Planning Services Division shall provide administrative services to the Commission created hereby. (Ord. 2013-20; Ord. 2020-51)

Following the adoption of an official plan in the manner prescribed in this chapter, no map or plat of any subdivision or resubdivision presented for record, affecting land within the corporate limits of the city, or in contiguous territory outside of and distant not more than one and one-half (11/2) miles from such limits and not included in any other municipality, shall be entitled to record or shall be valid unless the subdivision thereon shall provide for streets, alleys, and public grounds in conformity with all requirements applicable thereto of such official plan. (Ord. 2013-20; Ord. 2020-51))

The executive secretary of the Planning Commission shall furnish the Commission with copies of all ordinances and other data and information relative to carrying out the powers and duties of the Commission. The executive secretary shall also report on a regular basis of activities with which the Planning Services Division is involved. (Ord. 2013-20; Ord. 2020-51)

The Zoning Board of Appeals shall consist of the nine (9) members of the Planning Commission, and shall be subject to the same terms and criteria. (Ord. 2013-20; Ord. 2020-51)

The Board of Appeals shall have the following jurisdiction and authority:

   A.   To hear and decide appeals from and review any order, requirement, decision, or determination made by the administrative official charged with enforcement of this title.

   B.   To hear and pass upon applications for variance from strict application of the terms of this title; provided, however, said Board shall have no jurisdiction over variances in flood fringe (FF) or floodway (FW) districts. (For variance procedures in FF or FW districts, see sections 15.2.6 and 15.2.7 of this title.)

   C.   To hear and decide all matters referred to it or upon which it is required to pass under this title. (Ord. 2013-20; Ord. 2020-51)

   A.   All meetings of the Board shall be held at such times as the Board may determine.

   B.   The administrative official shall act as clerk for the Board and shall make and keep records of all meetings, hearings, and official acts. The minutes of the proceedings shall show the vote of each member upon question, or if absent or failing to vote, indicate such fact.

   C.   Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall be filed immediately in the office of the administrative official and shall be a public record.

   D.   The Board shall adopt its own rules of procedure not in conflict with this title or with the applicable Illinois statutes, a copy of which shall be filed in the office of the administrative official. (Ord. 2013-20; Ord. 2020-51)

A Development Assistance Committee (DAC) may be established by the City Manager. (Ord. 2013-20; Ord. 2020-51)

The Development Assistance Committee will consist of designees from the following Departments: public works, police, fire, planning services, and building and neighborhood services. When appropriate, other city administrative officials such as the Finance Director and City Attorney may be requested to offer advice and assistance to the Committee and to persons proposing developments. (Ord. 2013-20; Ord. 2020-51)

The Development Assistance Committee shall have the following functions:

   A.   To assist persons proposing developments in Carbondale to achieve their development goals in a manner consistent with city council policies and also to facilitate the development process.

   B.   To review site plans pursuant to section 15.6.10 of this title to assure compliance with the city's codes. (Ord. 2013-20; Ord. 2020-51)

An Engineering Advisory Committee (EAC) may be established by the City Manager. (Ord. 2013-20; Ord. 2020-51)

The Engineering Advisory Committee will consist of designees from the following departments: public works, police, fire, planning services, and building and neighborhood services. When appropriate, other city administrative officials such as the Finance Director and City Attorney may be requested to offer advice and assistance to the Committee and to persons proposing developments. Appropriate County and Township government officials and water district officials shall be consulted as individual subdivision circumstances necessitate. (Ord. 2013-20; Ord. 2020-51)

It shall be the duty of the EAC to examine and review all proposed street dedications or abandonments, tentative plat maps of subdivision, and to make recommendations to the Planning Commission, City Manager, and City Council. (Ord. 2013-20; Ord. 2020-51)

There is hereby created the Carbondale Preservation Commission which shall consist of nine (9) voting members to be appointed by the Mayor with the consent of the City Council. Every reasonable attempt shall be made to make appointments with the following qualifications: one of the members shall be an attorney, one an architect, one a real estate broker/agent, and one an active member of a historic preservation organization in Carbondale. The remaining five (5) Commission members shall be appointed on the basis of expertise, experience or interest in such areas as architectural history, historical and architectural preservation, building construction or engineering, finance, planning, neighborhood organizing, or real estate.(Ord. 2017-45; Ord. 2020-51)

Meetings shall be held at regularly scheduled times as adopted through the annual calendar of meetings, unless cancelled due to lack of business. Additional meetings may be held upon the call of the Chairperson, upon a written request signed by three (3) Commission members, or when otherwise deemed necessary. A quorum shall consist of a majority of the voting members. All decisions or actions of the Commission shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. No Commissioner shall vote on any matter which may directly affect the property, income, or business of that Commissioner. No action shall be taken by the Commission on a certificate of appropriateness or certificate of economic hardship which could in any manner deprive or restrict the owner of a property in its use, modification, maintenance, disposition or demolition until such owner shall first have had the opportunity to be heard at public meetings of the Commission, as provided herein. (Ord. 2013-20; Ord. 2020-51)

The Commission shall have the following powers and duties:

   A.   To adopt its own procedural regulations and bylaws consistent with applicable law.

   B.   To conduct an ongoing survey to identify properties, improvements and areas that have historic, architectural, or community interest.

   C.   To investigate, hold public hearings and recommend to the City Council the adoption of ordinances designating certain properties, improvements and areas having special historic, architectural or community value as historic districts, landmarks and neighborhood preservation districts. The recommendation shall also include specific design standards for the proposed historic district, landmark, or neighborhood preservation district that have been developed after consultation with owners and occupants of the proposed designated district.

   D.   To keep a register of all property and improvements which have been designated for preservation under this title, including all information required for each designation.

   E.   To review applications for alteration, construction, and demolition affecting property(ies) formally under consideration for designation or designated historic districts, landmarks and neighborhood preservation districts; and to issue, deny or modify certificates of appropriateness, for such actions. Applicants may be required to submit plans, drawings, elevations, specifications and other information as may be necessary.

   F.   To consider applications for certificates of economic hardship that would allow the performance of work for which a certificate of appropriateness has been denied.

   G.   To advise and assist owners of property or structures within designated districts on physical and financial aspects of preservation, renovation, rehabilitation and reuse, and/or procedures for inclusion on the state and/or the national register of historic places.

   H.   To recommend to the City Council the nomination of landmarks and historic districts to state and national registers.

   I.   To determine an appropriate system of markers for designated landmarks and buildings or structures within districts consistent with other provisions of this code.

   J.   To inform and educate the citizens of Carbondale concerning the historic and architectural heritage of the city.

   K.   To review proposed zoning map amendments, applications for special uses or application for zoning variances that affect designated districts. The executive secretary shall send notice to all Preservation Commission members, in the same manner as nearby property owners are notified, of hearings before the Planning Commission or Zoning Board of Appeals.

   L.   To testify before all city boards and commissions, including the Planning Commission, Zoning Board of Appeals and Building Board of Appeals on matters affecting any designated district and on matters affecting historically or architecturally significant property, structures or areas.

   M.   To periodically review the city zoning ordinance and to recommend to the Planning Commission and the City Council any amendments appropriate for the protection and continued use of property or structures within designated districts.

   N.   To advise the City Council on the use of such gifts, grants, property interest or money as may be designated by the grantor for the purposes of preservation.

   O.   To confer recognition upon the owners of property or structures within designated districts by means of certificates, plaques, markers or other means.

   P.   To undertake such other action or activity relative to preservation in the community as may be authorized by the City Council. (Ord. 2013-20; Ord. 2020-51)

The executive secretary for the Commission shall be a representative of the development services department of the city. The staff of the development services department shall provide administrative services to the Commission. The executive secretary and development services department staff shall:

   A.   Provide for the taking of minutes of each Commission meeting, originals of which shall be kept in the development services department;

   B.   Provide administrative and technical assistance to the Commission to assist it in making the decisions and findings as provided herein;

   C.   Publish and distribute to the Commission, and to such persons who may for each meeting so request in writing, copies of the minutes, reports and decision of the Commission;

   D.   Give notice as provided herein or by law for all public hearings conducted by the Commission;

   E.   Report on behalf of the Preservation Commission to the Planning Commission and City Council on matters requiring Planning Commission and/or City Council consideration as provided herein;

   F.   Notify Commission members of hearings or other matters before other city boards and commissions which affect designated districts or historically or architecturally significant property, structures or areas. (Ord. 2013-20; Ord. 2020-51)

   A.   The City Manager shall designate an administrative official of the city, as provided in section 1-3A-5 of this code, to administer the provisions of this title (planning division); and an administrative official of the city, as provided in section 1-3A-5 of this code, to enforce the provisions of this title (building and neighborhood services division).

   B.   If the official charged with the administration of this title finds that any of the provisions here are being violated he shall notify the official charged with the enforcement of this title who shall take appropriate action, as provided in this title and elsewhere in this code to assure conformity to the laws of the city. (Ord. 2013-20; Ord. 2020-51)