The Planning Commission of the City is hereby established in accordance with Illinois law. (See 65 ILCS 5/11-12-4.)

(Ord. passed 8-3-2022)

The Planning Commission shall consist of a maximum of seven (7) members. Each Commission member shall be appointed by the Mayor with the advice and consent of the Board of Alderman. One (1) of the members so appointed shall be named as Chairman at the time of his appointment. Each Commission member shall receive for his services such compensation, if any, as is determined from time to time by the Board of Aldermen.

(Ord. passed 8-3-2022)

Each Commission member shall hold office for five (5) years from the date of his appointment, and until his successor has been selected and qualified; provided, however, that the initial appointees to the Commission shall serve respectively for the following terms: one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, one (1) for five (5) years, one (1) for six (6) years, and one (1) for seven (7) years. With the advice and consent of the Board of Aldermen, the Mayor may remove any member of the Planning Commission for cause, after a public hearing. Vacancies on the Commission shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members.

(Ord. passed 8-3-2022)

All meetings of the Planning Commission shall be held at the call of the Chairman and at such times as the Commission may determine. All Commission meetings shall be open to the public. The Commission may adopt their own rules of meeting procedures, so long as these rules do not conflict with this Code or with the applicable Illinois statutes. The Commission may select such officers as they deem necessary. The Chairman, or in his absence the Acting Chairman, may administer oaths and request the attendance of witnesses. A majority of all members of the Commission shall constitute a quorum, and the affirmative vote of a majority of all members shall be necessary to authorize any Commission action.

(Ord. passed 8-3-2022)

The Commission shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member on each question, and any official action taken. A copy of every rule, variance, order or decision of the Commission shall be filed immediately in the Commission's office, and shall be a public record.

(Ord. passed 8-3-2022)

The Planning Commission is hereby authorized and directed to perform the following duties:

   A.   To hear requests for special use permits in accordance with the provisions of this code; and    

   B.   To hear request for site specific amendments in accordance with the provisions of this code; and

   C.   To hear requests for text amendments to the Zoning Code in accordance with the provisions of this code; and

   D.   To hear requests for lot size/bulk variances in accordance with the standards established in this Code; and

   E.   To hear appeals for any person aggrieved by any decision or order of the Administrator; and

   F.   To perform such other duties as the Board of Aldermen may prescribe.

(Ord. passed 8-3-2022)

Any applicant requesting a special use permit in accordance with the provisions of this Code shall file his or her application with the Administrator upon forms to be provided by the Administrator. The Administrator shall determine when the application is received and complete.

(Ord. passed 8-3-2022)

Every complete application for special use permit received by the Zoning Administrator shall be forwarded to the Planning Commission by the Administrator within ten (10) working days after the complete application is received.

(Ord. passed 8-3-2022)

The Planning Commission shall hold a hearing on each application for special use not later than sixty (60) days after receiving notification of the application from the Administrator. At the hearing, any interested party may appear and testify.

(Ord. passed 8-3-2022)

Notice of the hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

   A.   By registered mail to the petitioner and to every owner of property adjacent to the premises to which the application for special use is requested; and

   B.   By publication in a newspaper of general circulation within this Municipality.

This notice shall indicate the time, date, and place of the hearing, the particular location for which the special use is requested and briefly describe the issue to be decided.

(Ord. passed 8-3-2022)

The decision by the Planning Commission whether to grant or deny a special use permit shall be determined and issued in writing within thirty (30) days after the final hearing thereon before the Planning Commission. A certified copy of the Planning Commission's decision shall be transmitted to the applicant and to the Board of Alderman. The decision of the Board of Alderman with regard to a special use permit shall be a final and appealable decision of the Board of Alderman. Appeals shall be directed to the Planning Commission.

(Ord. passed 8-3-2022)

A site specific amendment means an amendment to this Zoning Code which shall affect a particular property within the City as opposed to a non site specific amendment, which would be applicable to general zoning districts or various properties within the City. An example of a site-specific zoning amendment would be an application by a property owner to change the permitted uses allowed with regard to his or her property.

(Ord. passed 8-3-2022)

Every application for a site-specific zoning amendment shall be filed with the Administrator on a form to be provided by the Administrator. The application shall identify all owners of the subject property; contain a legally sufficient description of the subject property, and a specific request with regard to the action or amendment being requested. The Administrator shall forward the request for a site specific zoning amendment to the Planning Commission within ten (10) working days after the application has been properly filed with the Administrator.

(Ord. passed 8-3-2022)

The Planning Commission shall hold a public hearing on any application for site specific zoning amendment not less than sixty (60) days after the Commission received the application. At the hearing, any interested party may appear and testify.

(Ord. passed 8-3-2022)

Notice of the public hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

   A.   By registered mail to the applicant and to every owner of property adjacent to the premises for which the site specific zoning amendment is requested; and

   B.   By publication in a newspaper of general circulation within this Municipality.

This notice shall indicate the time, date, and place of the hearing, the particular location for which the site-specific zoning amendment is requested, and the nature of the proposed amendment.

(Ord. passed 8-3-2022)

The Planning Commission shall not grant any site-specific amendments to the Zoning Code unless the Planning Commission determines that the amendment is consistent with the general purposes of this Code based upon the evidence presented to the Planning Commission in the course of the public hearing. The burden is upon the applicant to produce evidence sufficient to support the amendment requested.

(Ord. passed 8-3-2022)

The Planning Commission shall be required to issue a report of its decision on all applications for site-specific zoning amendments within thirty (30) days after the final hearing before the Planning Commission with regard thereto. A certified copy of the Commission's report shall be transmitted to the applicant and to the Board of Alderman within ten (10) working days. The Board of Aldermen of the City shall consider the application in light of the Planning Commission's report and recommendation. The report from the Planning Commission shall clearly indicate the Commission's reasons for recommending the grant or denial of any requested amendment.

(Ord. passed 8-3-2022)

The Board of Aldermen of the City may grant or deny a site-specific amendment to the Zoning Code after receipt and consideration of the report of the Planning Commission with regard thereto. The Board of Aldermen must take action in response to the report of the Planning Commission on site-specific zoning amendment application within sixty (60) days of the receipt by the Board of Aldermen of the report of the Planning Commission. The Board of Aldermen may pass any proposed site specific zoning amendment by a simple majority vote, refer it back to the Planning Commission for further consideration in light of specific issues or questions presented by the Board of Aldermen, or may elect to deny the proposed amendment.

(Ord. passed 8-3-2022)

The favorable vote of at least two-thirds (2/3) of the members of the Board of Aldermen as required to pass a site-specific zoning amendment to this Code in each of the following instances:

   A.   When the passage would be contrary to the recommendation of the Planning Commission.

   B.   When the amendment is opposed, in writing, the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered. Such written protest must be filed with the City Clerk.

(Ord. passed 8-3-2022)

In cases of written protest to an amendment of this Code as prescribed in subsection 9-10-27B, a copy of the written protest shall be served by the protestor or protestors 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.

(Ord. passed 8-3-2022)

A text amendment means an amendment to this Zoning Code, which shall affect various properties within the City as opposed to a site-specific amendment, which would be applicable to a particular property within the City. An example of a text zoning amendment would be a change in the permitted uses allowed of a particular zoning district.

(Ord. passed 8-3-2022)

A text zoning amendment may begin by an application to be filed with the Administrator on a form to be provided by the Administrator by any individual. In addition, an application for a text zoning amendment may be initiated by request of the Board of Aldermen of the City or by the Administrator acting in his or her official capacity. The amendment to the text of the Zoning Code requested shall be specifically stated and shall identify any portion of the Zoning Code then in effect to be amended. The Administrator shall forward the request for a text zoning amendment to the Planning Commission within ten (10) working days after the application or request for text zoning amendment has been properly filed with the Administrator.

(Ord. passed 8-3-2022)

The Planning Commission shall hold a public hearing on any application for text zoning amendment not less than sixty (60) days after the Commission received the application. At the hearing, any interested party may appear and testify.

(Ord. passed 8-3-2022)

Notice of the public hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by posting the agenda of the Planning Commission meeting containing a description of the proposed text zoning amendment in compliance with the requirements of the State of Illinois and the City of Grafton for a public meeting.

This notice shall indicate the time, date, and place of the hearing, the particular location for which the text zoning amendment is requested, and the nature of the proposed amendment.

(Ord. passed 8-3-2022)

The Planning Commission shall not grant any text zoning amendments to the Zoning Code unless the Planning Commission determines that the amendment is consistent with the general purposes of this Code based upon the evidence presented to the Planning Commission in the course of the public hearing. The burden is upon the applicant to produce evidence sufficient to support the amendment requested.

(Ord. passed 8-3-2022)

The Planning Commission shall be required to issue a report of its decision on all applications for zoning amendments within thirty (30) days after the final hearing before the Planning Commission with regard thereto. A certified copy of the Commission's report shall be transmitted to the applicant and to the Board of Aldermen of the City within ten (10) working days. The Board of Aldermen of the City shall consider the application in light of the Planning Commission's report and recommendation. The report from the Planning Commission shall clearly indicate the Commission's reasons for recommending the grant or denial of any requested amendment.

(Ord. passed 8-3-2022)

The Board of Aldermen of the City may grant or deny a text zoning amendment to the Zoning Code after receipt and consideration of the report of the Planning Commission with regard thereto. The Board of Aldermen must take action in response to the report of the Planning Commission on text zoning amendment within sixty (60) days of the receipt by the Board of Aldermen of the report of the Planning Commission. The Board of Aldermen may pass any proposed text zoning amendment by a simple majority vote, refer it back to the Planning Commission for further consideration in light of specific issues or questions presented by the Board of Aldermen, or may elect to deny the proposed amendment.

(Ord. passed 8-3-2022)

The favorable vote of at least two-thirds (2/3) of the members of the Board of Aldermen as required to pass a text zoning amendment to this Code if the passage would be contrary to the recommendation of the Planning Commission.

(Ord. passed 8-3-2022)

A "lot size/bulk variance" means a relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure.

(Ord. passed 8-3-2022)

Every application for a lot size/bulk variance shall be filed with the Administrator on a prescribed form. The application shall contain sufficient information to allow the Board to make an informed decision.

(Ord. passed 8-3-2022)

The Planning Commission shall hold a public hearing on any variance application not later than sixty (60) days after its filing. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney.

(Ord. passed 8-3-2022)

Notice of the public hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

   A.   By registered mail to the applicant and to every owner of property adjacent to the premises for which the variance is requested; and

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

This notice shall indicate the time, date, and place of the hearing, the particular location for which the variance is requested, and the nature of the proposed variance.

(Ord. passed 8-3-2022)

The Planning Commission shall not grant any lot size/bulk variance unless they find that the proposed variance 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. More specifically the Planning Commission shall not decide upon a variance unless they determine based upon the evidence presented to them, that:

   A.   The property in question cannot yield a reasonable return if the district regulations are strictly applied; and

   B.   The plight of the applicant is due to peculiar circumstances not of his own making; and

   C.   The variance, if granted, will not be detrimental to the public health, safety, and welfare.

(Ord. passed 8-3-2022)

The Planning Commission shall be required to issue a decision on all applications within thirty (30) days after the final hearing thereon. A certified copy of the Planning Commission's decision shall be transmitted to the applicant or appellant and to the Zoning Administrator. Such decision shall be binding upon the Zoning Administrator and observed by him and he shall be required to incorporate the terms and conditions of the same in the Zoning Certificate to the applicant or appellant whenever a Certificate is authorized by the Planning Commission. The Planning Commission shall specify the terms of relief granted (if any) in one statement and their findings of fact in another statement. The findings of fact shall clearly indicate the Planning Commission's reasons for granting or denying any requested variance.

(Ord. passed 8-3-2022)

Under no circumstances shall the Planning Commission grant a variance to allow any use that is specifically or by implication (See section 9-3-6) prohibited in the district involved. A "use variance" constitutes an amendment to this Code, and may be obtained only in the manner set forth in section 9-8-11.

(Ord. passed 8-3-2022)

By resolution, the Board of Aldermen shall establish (and may periodically amend) a schedule of filing fees for the various permits and procedures listed in this Code. Said fees are intended to defray the administrative costs connected with the processing/conducting of such permits or procedures; the fees do not constitute a tax or other revenue-raising device. All such fees shall be paid by the applicant to the City and are non-refundable. A current schedule of filing fees shall be maintained in the Administrator's office and filed with the City Clerk.

(Ord. passed 8-3-2022)

Any person aggrieved by any decision or order of the Administrator in any matter related to the interpretation or enforcement of any provision of this Code may appeal to the Planning Commission on a prescribed form. Every such appeal shall be made and treated in accordance with Illinois law and the provisions of this Division.

(Ord. passed 8-3-2022)

Every appeal shall be made within forty five (45) days of the matter complained of by filing with the Administrator and the Planning Commission a written notice specifying the grounds for appeal. Not more than five (5) working days after the notice of appeal has been filed, the Administrator shall transmit to the Board all records pertinent to the case.

(Ord. passed 8-3-2022)

An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Planning Commission, after the notice of appeal has been filed with him, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Planning Commission or the Circuit Court grants a restraining order for due cause, and so notifies the Administrator.

(Ord. passed 8-3-2022)

The Planning Commission shall hold a hearing on every appeal not later than sixty (60) days after the filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.

(Ord. passed 8-3-2022)

Notice of the hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

   A.   By registered mail to the petitioner and to every owner of property adjacent to the premises to which the appeal is requested; and

   B.   By publication in a newspaper of general circulation within this Municipality.

This notice shall indicate the time, date, and place of the hearing, the particular location for which the appeal is requested and briefly describe the issue to be decided.

(Ord. passed 8-3-2022)

The Planning Commission shall be required to make a recommendation on the appeal to the Board of Alderman within thirty (30) days after the final hearing thereon. The Board of Alderman shall be required to make a decision on the appeal within forty five (45) days of the recommendation from the Planning Commission. A certified copy of the Board of Alderman's decision shall be transmitted to the applicant or appellant and to the Administrator. Such decision shall be binding upon the Administrator and observed by him and he shall be required to incorporate the terms and conditions of the same in the Zoning Certificate to the applicant or appellant whenever a Certificate is authorized by the Planning Commission.

(Ord. passed 8-3-2022)