The Joint Planning and Zoning Commission of the City of Trenton is hereby created to carry out the duties of a plan commission and zoning board of appeals in accordance with state statues and other applicable authority. Any ordinance, code or regulation of the city or state statutes that reference the plan commission and/or zoning board of appeals shall mean the joint planning and zoning commission. The commission members shall be appointed by the mayor with the approval of the city council. Commission members shall be appointed on the basis of training and experience which qualifies them to conduct hearings, make recommendations or findings of fact and conclusions on the matters heard and otherwise exercise and perform the powers, duties and functions delegated in accordance with 65 ILCS 5/11-13-14.1.

(Ord. No. 1769, § 1(Att. 48.10.1), 9-21-2020)

The joint planning and zoning commission shall have the following powers and duties:

(1)

To prepare and recommend to the city council a comprehensive plan for the present and future development or redevelopment of the city and contiguous unincorporated territory not more than one and one-half miles beyond the corporate limits of the city and not included in any other municipality. Such plan may be adopted in whole or in separate geographical or functional parts each of which, when adopted, shall be the official comprehensive plan or part thereof of the city. Such plan shall be advisory except as to such part thereof as has been implemented by ordinances duly enacted by the city council.

(2)

All requirements for public hearing, filing of notice of plan adoption with the county recorder of deeds and filing of said plan and ordinances with the city clerk shall be complied with as provided for by law. To provide for the health, safety, comfort and convenience of the inhabitants of the city and contiguous territory, such plan or plans shall establish reasonable standards of design for subdivisions and for resubdivisions or unimproved land and of areas subject to redevelopment in respect to public improvements as herein defined and shall establish reasonable requirements governing the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment. The requirements specified herein shall become regulatory only when adopted by ordinance.

(3)

To recommend to the city council from time to time, such change in the comprehensive plan or any part thereof as may be deemed necessary.

(4)

To prepare and recommend to the city council from time to time, plans and/or recommendations for specific improvements pursuant to the official comprehensive plan.

(5)

To give aid to the mayor or designated officials charged with the direction of projects for improvements embraced within the official plan or parts thereof, to further the making of such improvements and generally, to promote the realization of the official comprehensive plan.

(6)

To designate land suitable for annexation to the municipality and the recommended zoning classification, if applicable, for such land upon annexation.

(7)

To arrange and conduct any form of publicity relative to its activities for the general purposes of public understanding.

(8)

To cooperate with municipal or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area.

(9)

To conduct all public hearings concerning special use permits and amendments to this Code and shall issue an advisory report to the city council concerning each application. See also section 48-396.

(10)

To decide any question involving the interpretation of any provision or term of the City of Trenton Zoning Code ("Code") upon official submission of an appeal from a decision by any administrative official, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto, or other claimed error in the decision or determination made by an administrative official in the enforcement of the Code; provided that such decision shall be bound by and consistent with the language of the ordinance or regulation at issue. See also section 48-363.

(11)

To authorize variances to the requirements of the Code. The corporate authorities may reserve, by ordinance, any class of variance for approval only by the corporate authorities. In such cases where the city council has reserved decision making authority, the joint planning and zoning commission shall still conduct a hearing and provide notice in compliance with 65 ILCS 5/11-13-6. Any variance granted by the joint planning and zoning commission, not exercised within 12 months from the date of approval, shall be deemed expired and may be revoked by the joint planning and zoning commission. See also section 48-364.

(12)

To hear and decide all other matters referred to it by the city council or upon which it is required to pass under applicable ordinance.

(13)

To exercise other powers germane to the powers granted under authority of an act of the General Assembly of the State of Illinois, entitled "Illinois Municipal Code", approved May 29, 1961 and effective July 1, 1961, as amended as may be conferred by the city council."

(Ord. No. 1769, § 1(Att. 48.10.2), 9-21-2020)

An appeal may be taken to the joint planning and zoning commission by any person, firm or corporation aggrieved by a determination or decision of any administrative official charged with the enforcement of any provision of or regulation adopted pursuant to the Code, or by any officer, department, board, or bureau of the city relating to such decision. The appeal shall be taken within 45 days of the action complained of by filing, with the city clerk, a notice of appeal, specifying the grounds thereof. The city clerk shall thereupon transmit to the joint planning and zoning commission and the official from whom the appeal is taken all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the official appealed from certifies to the joint planning and zoning commission after the notice of appeal has been filed with him that by reason of facts stated in the certificate, the stay would, in his opinion, cause eminent peril to life or property, in which case the proceedings shall not be stayed except by a restraining order, which may be granted by the joint planning and zoning commission or by a court of record on application, or notice to the official appealed from and on due cause shown. The joint planning and zoning commission may reverse or affirm wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the joint planning and zoning commission may decide to be fitting and proper to the premises. No challenge to any decision subject to this section shall be filed in any court until or unless a timely appeal has been filed and prosecuted to completion by the applicant as provided for in this article so as to establish a final appealable decision.

(Ord. No. 1769, § 1(Att. 48.10.3), 9-21-2020)

A variance may be sought by filing a written application and payment of applicable fee to the city clerk specifying the specific provision to be varied, the extent of the variation, and the basis therefore and including such requirements as are set forth in the Code. The joint planning and zoning commission may grant a variance only if it is consistent with the general purposes of this Code, and that the strict application of the district requirements would result in great practical difficulties or hardship to the applicant. No variance may be granted to any condition or term of a special use permit or planned zoning procedure. The joint planning and zoning commission may impose such conditions, safeguards and restrictions upon the premises, benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations. A request for a variance, other than a use variance, may be granted, upon a finding and determination on the record of the joint planning and zoning commission that the requirements of this section are met and that all three of the following conditions are satisfied or upon such conditions the planning and zoning commission may establish to meet the following conditions:

(1)

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the applicable zoning regulations;

(2)

The plight of the owner is due to unique circumstances; and

(3)

The variance, if granted, will not alter the essential character of the locality.

(Ord. No. 1769, § 1(Att. 48.10.4), 9-21-2020)

(a)

General. The joint planning and zoning commission shall act in accordance with the procedure specified by law and by the Code. All appeals and applications to the joint planning and zoning commission shall be in writing. Every appeal or application shall refer to the specific provision of the Code involved, and shall exactly set forth the interpretation that is claimed, the use for which the variance or special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. The city may appear by any designated official of the city council and be heard as a party in interest in any hearing before the joint planning and zoning commission, and the city may appeal any decision of the joint planning and zoning commission to a court of competent jurisdiction.

(b)

Notice of hearing. No action of the joint planning and zoning commission shall be taken on any petition for variance until after notice has been given of the hearing. The joint planning and zoning commission shall hold the public hearing within 60 days after the application is submitted, unless good cause exists for a delay. Notice of the time, date, and location of such hearing and a brief summary or explanation of the subject matter of the hearing shall be given by publishing at least one notice thereof in a newspaper of general circulation in the city, such publication to be made at least 15 days before the public hearings but not more than 30 days before the hearing. Notice of the hearing concerning the variance shall also be sent by first class mail, by the applicant, to property owners or persons residing on land adjacent to the property in question, and the owners of the property in question at the time the public notice of the appeal or application and shall give due notice thereof to the parties and decide the matter within a reasonable time.

(c)

Hearings procedure. All hearings conducted by the joint planning and zoning commission shall be open to the public, held at the call of the joint planning and zoning commission and at such times as he or she may determine. At hearings conducted by the joint planning and zoning commission, the zoning administrator, shall provide the joint planning and zoning commission with the factual background of the application, the request sought by the applicant, and the relevant sections of the Code. At hearings conducted by the joint planning and zoning commission, any interested person may appear in person or by duly authorized agent or attorney. All testimony before the joint planning and zoning commission shall be given under oath. The joint planning and zoning commission shall administer oaths and may compel attendance of witnesses. The joint planning and zoning commission shall keep minutes of all proceedings and other official actions and adopt rules and procedure's not in conflict with this chapter or applicable Illinois statutes.

(d)

Decision and findings of fact. Every variance decision shall be accompanied by findings of facts and shall refer to any exhibits containing plans and specifications for the proposed use or variation, which shall remain a part of the permanent records of the joint planning and zoning commission. The findings of facts shall specify the reason or reasons for making the variance. The terms of the relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact. Property for which relief has been granted shall not be used in violation of the specific terms of the findings of fact, as the case may be, unless its authorized use is changed by subsequent variance or ordinance. Every rule, regulation, decision or determination of the joint planning and zoning commission shall immediately be filed with the city clerk and shall be public record.

(e)

Expiration of variance approval. Any construction or use authorized by a variance approval shall substantially commence not later than six months after the date of the decision granting the variance, or such other time as may be specified in the variance approval.

(f)

Cost. For any application to the planning and zoning commission, a fee shall be charged by the city for processing, plus the cost of advertising of public notice in an amount as established by the city council.

(Ord. No. 1769, § 1(Att. 48.10.5), 9-21-2020)

Immediately following the filing of the written decision of the joint planning and zoning commission on any appeal or variance request under this section, the city clerk shall file a report with the city council ("council") concerning such action. Within 21 days after the joint planning and zoning commission's decision, the council, upon majority vote, may exercise the power of administrative review of any planning and zoning commission decision on an application for an appeal or variance.

Upon adoption of the motion to exercise the power of review, the council may act on the matter directly or first refer the matter to committee. Before acting on the variance or appeal, the council may set the matter for hearing before the committee or the city council. The council will give written notice of any such hearing to the applicant and all other persons who appeared and spoke at the public hearing before the joint planning and zoning commission. In addition, the council may, in its discretion, notify and allow to be heard at the hearing any other person who the council believes may be aggrieved by any decision or action concerning the application. Following its review, the council may affirm, reverse, or modify, in whole or in part, any council shall be required to overturn or modify a decision by the planning and zoning commission. the decision of the council shall be made within 45 days of the council's vote to review the decision of the joint planning and zoning commission, unless extended for specified cause by a majority vote of the council, or the joint planning and zoning commission decision shall become final. In making any decision, the council may adopt and rely on the record of the joint planning and zoning commission or may hold a new hearing to establish a record for final decision.

Unless the council exercises its power of review of administrative review, the decision of the joint planning and zoning commission shall become effective after 21 days following its decision.

(Ord. No. 1769, § 1(Att. 48.10.6), 9-21-2020)

Any officer, department, board or bureau of the city or any person whose legal rights, duties, or privileges have been affected by any final decision of the planning and zoning commission, or any party affected by the decision of the council where such decision has been reserved or appealed to the council, may present to the circuit court having jurisdiction in the county, a complaint, duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality and otherwise proceeding pursuant to the Administrative Review Law, Section 735 ILCS 5/3-10 l, et seq. which shall govern such appeals including as authorized in 65 ILCS 5/11-13-14.1. Such complaint shall be presented to the court within 35 days after the filing of the final decision. The costs of preparing and certifying the record of proceedings for filing with the circuit court in an administrative review proceeding shall be paid to the council by the appellant prior to the filing of such records with the court. To the full extent permitted by law, unless review is sought of an administrative decision within the time and in the manner herein provided, the parties to the proceeding before the administrative agency shall be barred from obtaining judicial review of such administrative decision."

(Ord. No. 1769, § 1(Att. 48.10.7), 9-21-2020)

This Code divides the city into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation and other factors. Such "special uses" require careful case-by-case review, and may be allowed only after review and a recommendation by the joint planning and zoning commission to the city council for approval. (See 65 ILCS 5/11-13-1.1 and 5/11-13-11)

(Ord. No. 1769, § 1(Att. 48.10.8), 9-21-2020)

Every applicant for a special use permit shall submit to the city's designated official in narrative and/or graphic form, the items of information enumerated below. The administrator shall promptly transmit the completed application, together with any comments or recommendation he might have, to the joint planning and zoning commission for further consideration. (NOTE: Filing fee required in section 48-333)

ITEMS OF INFORMATION:

(1)

Name and address of the applicant;

(2)

Name and address of the owner or operator of the proposed structure or use, if different from (1);

(3)

Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;

(4)

Location of the proposed use or structure, and its relationship to existing uses of structures on adjacent lots;

(5)

Area and dimensions of the site for the proposed structure or use;

(6)

Existing topography of the site and proposed finished grade;

(7)

Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

(8)

Height and setbacks of the proposed structure;

(9)

Number and size of the proposed dwelling units, if any;

(10)

Number and location of proposed parking/loading spaces and access ways;

(11)

Identification and location of all existing or proposed utilities, whether public or private; and/or

(12)

Any other pertinent information that the administrator may require;

(13)

Location of any signs.

(Ord. No. 1769, § 1(Att. 48.10.9), 9-21-2020)

The joint planning and zoning commission shall hold a public hearing on every special use permit application within 60 days after the application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed special use shall be given not more than 30 days nor less than 15 days before the hearing:

(1)

By certified mail to the applicant; and,

(2)

By publication in a newspaper of general circulation within this municipality.

(3)

By first-class mail to all owners of property contiguous to the property affected by the proposed special use request. (See 65 ILCS 5/11-13-7)

(Ord. No. 1769, § 1(Att. 48.10.10), 9-21-2020)

Within 30 days after the public hearing, the joint planning and zoning commission shall prepare an advisory report. In deciding the recommendation, the joint planning and zoning commission shall consider the following factors:

(1)

Whether the proposed design, location, and manner of operation of the proposed special use will adequately protect the public health, safety, and welfare, and the physical environment;

(2)

Whether the proposed special use is consistent with this municipality's comprehensive plan, if any:

(3)

The effect the proposed special use would have on the value of neighboring property and on municipality's overall tax base;

(4)

The effect the proposed special use would have on the public utilities and on the traffic circulation on nearby streets; and

(5)

Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection. (See 65 ILCS 5/11-13-7)

(Ord. No. 1769, § 1(Att. 48.10.11), 9-21-2020)

The city council shall act on every request for a special use permit at their next regularly scheduled meeting following submission of the advisory report by the joint planning and zoning commission. Without further public hearing, the city council may approve or disapprove the special use permit by an ordinance passed by simple majority vote of all members then holding office. In a separate statement accompanying any such ordinance, the city council shall state their findings of fact, and indicate their reasons for a special use permit. (See 65 ILCS Sec. 5/11-13-11)

(Ord. No. 1769, § 1(Att. 48.10.12), 9-21-2020)

As set forth at section 48-57, requests for temporary use permits shall be treated in the same manner as requests for special use permits. The joint planning and zoning commission shall issue no temporary use permit for a period longer than one year but may renew any such permit as they see fit.

(Ord. No. 1769, § 1(Att. 48.10.13), 9-21-2020)

The city council may amend this Code in accordance with state law and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the city council, the joint planning and zoning commission, the city's designated official or any party in interest. (See 65 ILCS 5/11-13-14)

(Ord. No. 1769, § 1(Att. 48.10.14), 9-21-2020)

Every proposal to amend this Code shall be filed with the city's designated official on a prescribed form. Every amendment proposal shall also be filed with the Soil and Water Conservation District pursuant to state law. The administrator shall promptly transmit the proposal, together with any comments or recommendations to the joint planning and zoning commission for a public hearing. (NOTE: Filing fee required.)

(Ord. No. 1769, § 1(Att. 48.10.15), 9-21-2020)

The joint planning and zoning commission shall hold a public hearing on every amendment proposal within 60 days after said proposal has been submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing and the nature of the proposed amendment shall be given not more than 30 nor less than 15 days before the hearing:

(1)

By certified mail to the applicant; and,

(2)

By publication in a newspaper of general circulation within the municipality.

(3)

By first-class mail to all owners of property contiguous to the property affected by the proposed amendment. (See 65 ILCS 5/11-13-14)

(Ord. No. 1769, § 1(Att. 48.10.16), 9-21-2020)

Within 30 days after the public hearing, the joint planning and zoning commission shall submit their advisory report to the city council. The report shall state the recommendations of the joint planning and zoning commission regarding adoption of the proposed amendment and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the joint planning and zoning commission shall include in their advisory report findings of fact concerning each of the following matters:

(1)

Existing use and zoning of the property in question;

(2)

Existing uses and zoning of other lots in the vicinity of the property in question;

(3)

Suitability of the property in question for uses already permitted under existing regulations;

(4)

Suitability of the property in question for the proposed use;

(5)

The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since that property was initially zoned or last rezoned.

(Ord. No. 1769, § 1(Att. 48.10.17), 9-21-2020)

The city council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the advisory report of the joint planning and zoning commission. Without further public hearing, the city council may approve or disapprove any proposed amendment or may refer it back to the joint planning and zoning commission for further consideration by simple majority vote of all the members then holding office.

(Ord. No. 1769, § 1(Att. 48.10.18), 9-21-2020)

The favorable vote of at least two-thirds of the members of the city council is required to pass an amendment to this Code in each of the following instances:

(1)

When passage would be contrary to the recommendation of the joint planning and zoning commission.

(2)

When the amendment is opposed, in writing, by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered.

(Ord. No. 1769, § 1(Att. 48.10.19), 9-21-2020)

In cases of written opposition to an amendment of this Code, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. (See 65 ILCS 5/11-13-14)

(Ord. No. 1769, § 1(Att. 48.10.20), 9-21-2020)