3.1.1. Administration. The administration of this chapter is hereby vested in the following:

a.

Zoning administrator.

b.

Development commission.

c.

Village board of trustees.

(Code 1975, ch. 27, § 3.1)

3.2.1. Powers and duties. The zoning administrator shall be in charge of the administration and enforcement of this chapter, and shall:

a.

Keep comprehensive records of applicants, permits, certificates, inspections, reports, notices, orders, and all actions of the president and board of trustees regarding this chapter;

b.

Receive required applications, issue permits and furnish certificates;

c.

Forward to the appropriate reviewing body all documents and information pertaining to applications for special uses, variations, amendments, appeals, and other matters referred to the reviewing bodies for public hearings pursuant to the provisions of this chapter;

d.

Review and approve plans submitted by applicants for development approval in conformity with the terms of this chapter, and to make and maintain records thereof and issue permits required herein;

e.

Examine premises for which permits have been issued and make necessary inspections to determine compliance;

f.

When the interest of the village so requires, make investigations and render written reports;

g.

Issue such notices or orders as may be necessary;

h.

Recommend rules and procedures consistent with this chapter;

i.

Write letters of interpretation as required;

j.

Discharge such other duties as may be placed upon the zoning administrator by this chapter; and

k.

Evaluate plans submitted for approval under this chapter in order to assure conformance of such plans to the requirements of this chapter and the comprehensive plan.

3.2.2. Status of building permit applications.

a.

Every application for a building permit for new construction, exterior or interior renovation, modification, or building addition shall be promptly forwarded to the zoning administrator for review.

b.

If, in the judgment of the zoning administrator, the building permit application does not contain sufficient information to enable such officer to properly discharge duties and responsibilities of such office, such officer may request additional information from the applicant.

(Code 1975, ch. 27, § 3.2)

Cross reference— Officers and employees, § 2-31 et seq.

3.3.1. Creation. There is hereby created the development commission with such powers and to perform such duties as are hereinafter stated.

3.3.2. Appointment, membership, qualifications and terms.

a.

The development commission shall consist of seven members and three auxiliary members. All members shall be appointed by the village president and confirmed by the board of trustees. One of the regular members shall be named by the village president as chairperson and one as vice-chairperson at the time of appointment. Auxiliary members shall have all rights of a regular member to participate in any meeting or hearing but shall only have voting rights as hereinafter provided.

b.

All regular members shall serve for a three-year term except auxiliary members which shall serve for one-year terms.

c.

Any person may be reappointed upon the expiration of that person's term. Vacancies shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for appointment of such member.

d.

The village president shall have the power with the concurrence of the board of trustees to remove any member of the commission for cause including the failure to attend 75 percent of the regularly scheduled meetings within four consecutive months without first being excused by the chairperson.

e.

All members shall be residents of the village whose training, interests, background or experience will assist that member in meeting the duties of the development commission with such other qualifications as the president and board of trustees require including for auxiliary members such training or workshops to provide education in zoning and land use issues.

3.3.3. Quorum and voting.

a.

A quorum shall consist of four members. If any regular member is not present, the chairperson shall select one or more of the auxiliary members to obtain up to seven members.

b.

Auxiliary members so chosen shall have the right to vote on any matter heard entirely during that meeting or a continued matter as long as that auxiliary member attended all previous hearings for that matter.

c.

Once an auxiliary member replaces a regular member the auxiliary member shall continue to hear that matter unless the regular member has reviewed the transcript or tape recording of the missed hearing and desires to continue to hear that matter.

d.

No member shall vote on a matter unless that member attended all hearings for that matter or reviewed the transcript or tape recording of any missed hearing.

e.

A vote on a motion other than a yea, [or] nay, shall be counted with the majority.

3.3.4. Hearings and procedures.

a.

The development commission shall have one regularly scheduled meetings per month unless there are no pending matters to form an agenda.

b.

In all proceedings of the commission, the chairperson shall have the power to administer oaths and to compel by subpoena the attendance and testimony of witnesses and the production of books and papers.

c.

The commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every appeal, every application for variation or special use, and every recommendation, order, requirement, decision, or determination of the commission shall be kept in the office of the zoning administrator and shall be a public record.

d.

The commission shall adopt and thereafter may amend its rules of procedure subject to approval by the president and board of trustees based on Robert's Rules of Order, Newly Revised, and consistent with village ordinances and state statutes. The chairperson shall have the right to cast a vote on all matters where a vote is taken.

e.

The commission may hold meetings on call of the village president, chairperson, or at the written request of two members of the commission, provided at least 48 hours' notice of any such meeting is given by mail or telephone to each member and compliance with the Open Meetings Act (5 ILCS 120/1 et seq.), as amended.

f.

All meetings of the commission shall be open to the public and no official action shall be taken other than at a public meeting. No meeting shall be held or official action taken unless a quorum is present.

g.

The affirmative vote a minimum of four members of the commission is required to recommend the granting, modifying, or denying of any order, requirement, decision or determination of the zoning administrator, or to recommend granting, modifying, or denying of any matter upon which this chapter requires the commission to consider.

h.

Findings of fact shall be adopted for each hearing of a petition submitted for a variation, special use, text amendment and rezoning, specifying the reasons for recommending the granting, modifying or denying of such petition.

3.3.5. Powers and duties. The commission is hereby vested with the following jurisdiction and authority:

a.

To hear and make recommendations to the president and board of trustees on an appeal from an administrative order, requirement, decision or determination made by the zoning administrator under this chapter.

b.

To hear and make recommendations to the president and board of trustees on petitions for variations from the terms of this chapter.

c.

To hear and make recommendations to the president and board of trustees regarding all applications for special uses including planned unit developments.

d.

To hear and make recommendations to the president and board of trustees regarding all applications for plats of subdivision.

e.

To hear and make recommendations to the president and board of trustees regarding all applications for reclassification of the zoning designation of property.

f.

To hear and make recommendations to the president and board of trustees regarding all applications for amendments of the text of this chapter.

g.

To hear and make recommendations to the president and board of trustees regarding all zoning and planning aspects of a proposed annexation as referred to it by the board of trustees.

h.

To hear and make recommendations to the president and board of trustees regarding all amendments to the comprehensive plan.

i.

To hear and make recommendations to the president and board of trustees a decision on all other matters referred to it upon which it is required to decide under this chapter.

3.3.6. Advisory powers. Nothing herein shall be construed to give or grant to the commission the power or authority to amend this chapter, to grant variations to this chapter, or to determine appeals from any decision of the zoning administrator, such power and authority being reserved for the president and board of trustees of the Village of Hanover Park.

(Code 1975, ch. 27, § 3.3; Ord. No. O-94-15, § 1, 4-21-1994; Ord. No. O-04-54, §§ 1, 2, 11-4-2004; Ord. No. O-18-28, §§ 1, 2, 7-19-2018)

Cross reference— Administration, ch. 2; officers and employees, § 2-31 et seq.

3.5.1. Powers and duties. Without limiting any authority granted to the president and board of trustees by state law or by other ordinances of the village, the president and board of trustees shall have the following powers and duties with respect to this chapter, to be carried out in accordance with the terms of this chapter:

a.

To determine whether or not to adopt amendments to the text of this chapter after receiving recommendations from the development commission;

b.

To determine whether or not to adopt amendments to the zoning district map after receiving recommendations from the development commission;

c.

To determine whether or not to adopt amendments to the comprehensive plan after receiving recommendations from the development commission;

d.

To determine whether or not to approve (with or without conditions) or deny requests for variation from the terms of this chapter after receiving recommendations from the development commission;

e.

To determine whether or not to approve (with or without conditions) or deny applications for special uses, as identified and established in this chapter, after receiving recommendations from the development commission; and

f.

To determine whether or not to approve or deny any decision on appeal of the zoning administrator or development commission.

(Code 1975, ch. 27, § 3.5; Ord. No. O-94-15, § 8, 4-21-1994)

Cross reference— Administration, ch. 2.