Harristown City Zoning Code
ARTICLE II
Administration
§ 40-2-1 Administrative duties and responsibilities.
[Amended 9-27-2010 by Ord. No. 10-05]
This chapter shall be administered by the following bodies and officials in the manner prescribed herein.
§ 40-2-2 Zoning and Hearing Officer.
[Amended 9-27-2010 by Ord. No. 10-05; 8-25-2014 by Ord. No. 14-07]
The office of the Zoning and Hearing Officer is hereby created and such officer, upon appointment by the Mayor of the Village of Harristown, shall serve for a term of one year and shall also be the Chair of the Plan and Zoning Commission of the Village of Harristown. The duties of the Zoning and Hearing Officer shall be as follows:
(A)
To meet with interested property owners, developers, citizens and any other party who contemplates action which comes under the jurisdiction of this chapter to explain the intent and provisions of this chapter.
(C)
To serve as a liaison officer between the planning advisors and the Board of Trustees and to make proper legal advertisements and to set public hearing as required by this chapter.
(D)
To make interpretations of the provisions of this chapter and to report to the Plan and Zoning Commission any situation wherein there is a doubt or conflict as to the property interpretation.
(E)
To act as hearing officer for variance and special use hearings.
§ 40-2-3 Plan and Zoning Commission.
[Amended 9-27-2010 by Ord. No. 10-05]
(A)
Joint group. The Plan and Zoning Commission is hereby created as a single body and shall continue to perform the functions of both the Village plan commission and the zoning board of appeals until the Village corporate authorities deem it necessary to separate these functions by ordinance.
[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]
(B)
Number; appointment; term. The Commission as herein created shall consist of seven members appointed by the Village Mayor and confirmed by the Board of Trustees. The term of office of each member shall be five years, except that the first seven members shall be appointed for terms varying respectively from one to seven years in order that the terms of not more than one member shall expire each year. The Mayor shall designate one member of the Commission to act as Chair, and he shall hold the office as Chair until his successor is appointed.
(C)
Dismissal. The Chair shall recommend to the Mayor the dismissal of any Commission member who misses five regular meetings during any twelve-month period. With approval of the Board of Trustees, the Mayor shall remove such member and appoint another in his place.
(D)
Meetings; minutes. The Commission shall meet at the call of the Chair. The Commission shall keep minutes of its proceedings, including its findings of fact, all its determinations and decisions, the reasons therefor, and the vote of each member upon every question, which minutes shall be placed on file in the office of the Commission no later than 15 days after any meeting and shall be a matter of public record.
(E)
Responsibilities and duties. The Plan and Zoning Commission is hereby granted the following responsibilities and duties:
(1)
To hear all petitions requesting zoning action, except petitions relating to variances and special uses.
(2)
To initiate, receive, and review periodically studies and/or proposals concerning amendments of this chapter and, in this respect, to advise and recommend to the Board of Trustees the Commission's findings.
(3)
To hear all appeals of decisions of a hearing officer in the interpretation or administration of this chapter and by its own action render a decision resolving said conflict.
(4)
To classify any use not specifically listed in this chapter as to its appropriate district based on the compatibility of that use with the general purpose and character of zone regulations. This power shall lie solely with the Plan and Zoning Commission and will not be subject to review by the Board of Trustees.
(5)
To initiate studies and issue reports to the Board of Trustees concerning the complementarity or conflict between the implementation of this chapter and the officially adopted Village Comprehensive Land Use Plan and, in this respect, to make recommendations to the Board of Trustees as to appropriate measures to be taken to insure the effectiveness of this chapter as a tool for the implementation of the Village Comprehensive Land Use Plan.
(6)
(7)
To hear and recommend to the Board of Trustees disposition of all other matters to the Commission by the Board of Trustees, to arbitrate zone boundary disputes and to hear any other matter on which present or future state statutes may require action of the Commission.
§ 40-2-4 Corporate authority.
[Amended 9-27-2010 by Ord. No. 10-05]
The corporate authority is the Board of Trustees of Harristown. It shall be the authorized body for making final decisions on all matters referred to it by the Plan and Zoning Commission and for purposes of this chapter shall be referred to as the "Board of Trustees."
(A)
Proper procedures. The Board of Trustees is hereby restrained by this chapter from making a decision on any zoning matter which has not been submitted to the proper public hearings, nor without first having received a report of the Plan and Zoning Commission.
(B)
The Board of Trustees shall have the right to adopt, reject, or modify the recommendation of the Plan and Zoning Commission.
§ 40-2-5 Village Clerk.
[Amended 11-27-2023 by Ord. No. 23-22]
The Village Clerk is an official of the Village of Harristown and is hereby empowered to receive and keep records of all zoning petitions, fees, and reports of the Plan and Zoning Commission, and is further responsible for the yearly publication of the updated version of the Official Zoning Map.
§ 40-2-6 Legal counsel.
Legal counsel is an attorney retained by the Village of Harristown who is responsible for giving legal advice to both the Board of Trustees and Commission.
§ 40-2-7 Planning staff.
Planning staff is any qualified land use planner which the Board of Trustees may designate to assist the Village and the Commission in zoning and related land use matters and, from time to time, to make special zoning studies for the Commission.[1]
§ 40-2-10 Various procedures.
(A)
Any person, corporation, firm, or agent thereof, or public official of the Village of Harristown, wishing to petition for a change in this chapter, a rezoning in land use classification as established by this chapter, or seeking relief from the provisions of this chapter, or in any other way seeking modification of the zoning regulations, shall be required to follow the steps and procedures as contained within this division.
(B)
The preapplication conference and investigations. This chapter requires that, before the Board of Trustees may accept for public hearing or recommendation any zoning petition, the petitioner or his agents shall first meet with the Village Zoning and Hearing Officer to discuss the appropriate procedures. The Zoning and Hearing Officer may, at his discretion, request the petitioner to meet with the planning staff. In a case of a rezoning involving a planned unit development, commercial or industrial request, or involving a tract of land more than five acres in size, the petitioner may also be required to have a preapplication meeting with the Commission.
(1)
The purposes of the preapplication meeting are as follows:
(a)
To explain to the petitioner the provisions of this chapter and other applicable Village codes and ordinances.
(b)
To determine whether or not any other Village actions, such as subdivision, vacation, or annexation, are necessary for the development of the land.
(c)
To determine exactly what the zoning petition should contain and what procedure should be followed prior to the setting of the public hearing.
(d)
To discuss the compatibility of a petition with the Village's officially adopted Comprehensive Land Use Plan and Official Zoning Map.
(e)
To determine if the petitioner has made necessary investigations to ensure that his property can be developed properly upon obtaining the classification he seeks.
(f)
To acquaint the developer with the technical planning assistance available through the planning staff.
(2)
Information needed for preapplication conference. The petitioner should have a legal description and map of his property showing surrounding land uses at the time of this meeting with the Village Zoning and Hearing Officer, Commission, or planning staff. Other information, such as soil types, topographical maps, and other data related to the site's suitability for its development, would be helpful.
§ 40-2-11 Submittal procedures.
Upon satisfying the preapplication requirements, the petitioner may then proceed to file a zoning petition with the Village. This petition must include the following to be entitled to Village consideration.
(A)
A petition, properly filled out on the Village form, including the following information:
(1)
Name and address(es) of petitioner(s).
(2)
Name and address(es) of owner(s).
(3)
Name and address(es) of any agent(s) representing the petitioner(s).
(4)
A legal description of the property which allows the property to be located on any map without having to check the Recorder of Deeds office.
(5)
A common description of the property.
(6)
Existing zoning classification of property.
(7)
Zoning classification being sought.
(8)
The names and addresses of all abutting landowners.
(9)
A statement concerning the proposed use of the property.
(10)
In cases of variances, the special hardships that exist which would qualify the petitioner(s) for a variance.
(11)
In cases of special uses or planned unit developments, a detailed statement as to the proposed use of the property.
(12)
A scaled map showing the dimensions of the property and the zoning of the surrounding properties.
(B)
Upon submission of the above, the Officer shall take one copy of the petition, sign such petition, and place the fee amount on the petition. The petitioner shall then take the petition and map to the Village Clerk, who shall formally accept the petition for filing and collect the fees as required by the Zoning and Hearing Officer.
§ 40-2-12 Public hearing.
[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]
Upon receiving any petition, the Village Clerk shall notify the Chair of the Commission of the petition. The Chair shall then set a date for action on the petition. Notice shall be given of the time and place of the hearing, not more than 30 nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within the municipality, on the Village website, or posted at the Village offices.
§ 40-2-13 Decision of the Commission.
At the date of the public hearing the petitioner or his representative shall be prepared to submit his case to the Commission. The Commission shall then take a vote of its membership and shall report the findings to the Board of Trustees by a written notice.
§ 40-2-14 Decision of the Board of Trustees.
On all matters which require action of the Board of Trustees, the Board of Trustees shall, within 30 days after receiving the recommendation of the Commission concerning a zoning petition, take whatever action they deem appropriate, except that no petition may be tabled for more than 90 days. Any petition, tabled for more than 90 days shall be considered to have been denied.
§ 40-2-15 Appeals.
Appeals to the Commission may be taken by any person aggrieved or by any officer or department of the governing body of the Village affected by any decision of the Zoning and Hearing Officer in person or by agent or attorney.
(A)
Filing of appeals. An appeal must be made within 30 days of the action of the administrative official appealed from. The applicant must file a notice of appeal with the administrative official from who the appeal is being taken and with the Commission. Such notice shall be made on the form provided for that purpose. The administrative official from whom the appeal is taken shall be responsible, at the direction of the Commission, for providing any applicant with the proper forms, and for instructing the parties concerned on the proper manner for completing and filing said forms. All information required thereon shall be completed before an appeal is considered filed. Six copies of the proper appeal form shall be filed with the Commission.
(B)
Fees. A fee as specified in § 40-2-18 shall be deposited with the secretary for each petition filed.
(C)
Amendments to appeals. Appeals may be amended 15 days prior to the public hearing thereon.
(D)
Notice to applicant. The applicant shall be notified by letter within five days of the hearing on his application or his failure to complete his application properly.
(E)
Hearing. The Commission shall fix a reasonable time for the hearing of appeal, giving public notice thereof as well as notice due to the parties in interest, and decide the same within a reasonable time.
(F)
Stays. An appeal stays all proceeding in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Commission after the notice is filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause eminent peril of life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Trustees or a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.
§ 40-2-16 Correcting maps and records.
On all matters receiving final action by the Commission or the Board of Trustees, there shall be a letter sent to the petitioner informing him of the action. One copy of this letter shall be placed in the permanent zoning files of the Village. The Village Clerk shall also, periodically, update the Official Zoning Map. Variances, nonconforming uses, and special use permits shall not be shown on the maps, but adequate records shall be kept on these.
§ 40-2-18 Submittal fees.
[Amended by Ord. No. 11-24-80-2; at time of adoption of Code (see Ch. 1, Art. I, Div. I)]
Any application for an amendment, special use, variance or appeal shall be accompanied by a fee. The fee shall be as set from time to time by the Village Board of Trustees. All fees shall be collected by the Village Clerk for deposit with the Village Treasurer. There shall be no such fee, however, in the case of applications filed in the public interest by members of the Board of Trustees, the Zoning and Hearing Officer or the Plan and Zoning Commission.