The administration of this chapter is vested in the following offices of the village government:

(1)

The plan commission.

(2)

The zoning board.

(Code 1985, § 8(8.1))

There is created a plan commission to be known as the Village of Kingston Plan Commission, whose purpose shall be to prepare a comprehensive plan for the guidance, development or redevelopment of the village and its contiguous territory not more than 1½ miles beyond the corporate limits of the village and not included within any other municipality, as well as the other duties set forth if this division.

(Code 1985, § 8(8.2A))

The plan commission shall consist of five members who shall be appointed by the village president on the basis of their particular fitness for their duty on the plan commission, and shall be subject to the approval of the village board.

(Code 1985, § 8(8.2B))

The term of office for a member of the plan commission shall be five years. When a vacancy has been created on the plan commission for any reason, an appointment of a new member shall be made by the village board for the remaining duration of the term of office.

(Code 1985, § 8(8.2C))

The plan commission will select a chairman and a secretary from among the commission members. The selected chairman and secretary shall each serve a term of two years.

(Code 1985, § 8(8.2D))

Cross reference— Officers and employees, § 2-96 et seq.

Immediately following the appointment of the members of the plan commission, they shall meet, organize, elect such officers as they may deem necessary, and adopt and later change or alter, rules and regulations of organization and procedure consistent with the ordinances of the village and state laws. The plan commission shall keep written records of its proceedings, which shall be open at all times to public inspection. The plan commission shall also file an annual report with the village president and the village board, setting forth the transactions and recommendations of the plan commission over the previous year.

(Code 1985, § 8(8.2E))

The powers and duties of the plan commission shall be to:

(1)

Prepare and recommend to the village board a comprehensive plan for the present and future development or redevelopment of the village and its contiguous unincorporated territory not more than 1½ miles beyond the corporate limits of the village and which is 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 village. Such plan shall be advisory except as to such part thereof as has been implemented by ordinances duly enacted by the village board. All requirements for public hearing, filing of notice of adoption with the county recorder of deeds and filing of the plan and ordinances with the village clerk shall be complied with as provided for by law. To provide for the health, safety, comfort and convenience of the inhabitants of the village and contiguous territory, such plan shall establish reasonable standards of design for subdivisions and resubdivisions of unimproved land, and of areas subject to redevelopment in respect to public improvement, 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, streetlights, parks, playgrounds, schoolgrounds, size of lots to be used for residential purposes, stormwater drainage, water supply and distribution, sanitary sewers and sewage collection and treatment. Such requirements shall become regulatory only when adopted by ordinance.

(2)

Designate land suitable for annexation to the village and the recommended zoning classification for such land upon annexation.

(3)

Recommend to the village board from time to time, such changes in the comprehensive plan as may be deemed necessary.

(4)

Prepare and recommend to the village board from time to time, plans and/or recommendations for specific improvements to the official comprehensive plan.

(5)

Give aid to the officials of the village charged with the direction of projects for improvement embraced within the official plan; to further the making of such improvement and generally to promote the realization of the official comprehensive plan.

(6)

Arrange and conduct any form of publicity relative to the activities of the plan commission for the general purpose of public understanding.

(7)

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.

(8)

Conduct public hearings with respect to rezonings, special uses, and zoning text amendments.

(9)

Exercise such other powers germane to the powers granted under authority of the Illinois Municipal Code as may be conferred by the village board.

(Code 1985, § 8(8.2-1))

At any time before or after the formal adoption of the official comprehensive plan by the village board, an official map may be designated by ordinance, which may consist of the whole area included within the official comprehensive plan or one or more separate geographic or functional parts, and may include all or any part of the contiguous or unincorporated areas within 1½ miles from the corporate limits of the village. All requirements for public hearing, filing of notice of adoption with the county recorder of deeds and filing of the plan and ordinances, including the official map, with the village clerk, shall be complied with as provided by law. No map or plat of any subdivision or resubdivision presented for record affecting land within the corporate limits of the village or within contiguous territory which is not more than 1½ miles beyond the corporate limits of the village shall be entitled to record or shall be valid unless the subdivision shown provides for standards of design and standards governing streets, alleys, public ways, ways for public service facilities, streetlights, public grounds, size of lots to be used for residential purposes, stormwater and floodwater runoff channels and basins, water supply and distribution, sanitary sewers and sewage collection and treatment, in conformity with the applicable requirements of the ordinances, including the official map.

(Code 1985, § 8(8.2-2))

The village clerk shall furnish the plan commission, for its consideration, a copy of all ordinances, plans and data relative to public improvement of any nature. The plan commission may report, in relation to such proposed public improvement, if it deems a report necessary or advisable, for the consideration of the village board.

(Code 1985, § 8(8.2-3))

If the plan commission shall deem it advisable to secure technical advice or services, it may be done upon authority from the village board and appropriations by the village board therefor.

(Code 1985, § 8(8.2-4))

The plan commission may from time to time enlist volunteers to assist in carrying out the duties of the plan commission.

(Code 1985, § 8(8.2-5))

The village zoning board is established, and shall have the powers and duties set forth in this division and other articles of this chapter.

(Code 1985, § 8(8.3-1))

The zoning board shall consist of five members, who shall be appointed by the village president with consent of the village board. The original members of the zoning board shall serve the following terms: two members shall be appointed for one year; two members shall be appointed for two years; and three members shall be appointed for three years. Upon expiration of the terms of office of the original members of the zoning board, their successors shall serve for a term of five years.

(Code 1985, § 8(8.3-2))

The village board shall have the power to remove any member of the zoning board from office, for cause, after a public hearing. A vacancy on the zoning board shall be filled for the unexpired term for the member whose place has become vacant.

(Code 1985, § 8(8.3-3))

(a)

The village board shall designate one of the members of the zoning board as chairman. The chairman shall hold such office for one year or until his successor is appointed or until the expiration of his term as a member of the zoning board. The chairman, or the acting chairman in his absence, may administer oaths and compel the attendance of witnesses.

(b)

The zoning board shall select one of its members as secretary of the zoning board. The secretary, with the assistance of the building inspector, shall oversee the maintenance of the records and files of the zoning board. The zoning board may select or appoint such other officers as it deems necessary.

(Code 1985, § 8(8.3-4))

All meetings of the zoning board shall be held at the call of the chairman, or at such other time as the zoning board may determine. All meetings shall be held at a public place designated by the zoning board, and shall be open to the public. At any meeting or hearing of the zoning board, any interested person may appear either in person or through his agent or attorney, and may be heard.

(Code 1985, § 8(8.3-5))

The zoning board shall keep its minutes, files and records in the office of the village clerk. The minutes of proceedings of the zoning board shall show the vote of each member on every question, or indicate that the member was absent or failed to vote. Every rule, regulation, order, requirement, decision or determination by the zoning board shall be contained in the minutes. The minutes, files and records of the zoning board shall be opened to inspection by the public at all reasonable times.

(Code 1985, § 8(8.3-6))

The zoning board may adopt such rules and procedures that are not in conflict with the laws of the state; provided, however, the concurring vote of four members of the zoning board shall be necessary to decide in favor of the applicant in any matter upon which it is required to pass under this chapter, or to permit any variance in the application of the regulations imposed by this chapter.

(Code 1985, § 8(8.3-7))

The zoning board shall have the power and shall be charged with the duties to hear and decide or make recommendations as follows:

(1)

All matters specifically referred to it by the provisions of this chapter.

(2)

Clarify and interpret the regulations of the village zoning laws upon request to the building inspector by any resident of the village or any person effected by the regulations of the such zoning laws.

(3)

Request for variances in the application and regulations of this chapter, and make recommendations to the village board.

(Code 1985, § 8(8.3-8))

An appeal from any order, requirement, decision or determination may be taken to the zoning board by any person aggrieved by such order, requirement, decision or determination, or by any office, department to board of the village. The appeal shall be made by the applicant by filing a notice of appeal with the chairman of the zoning board within the time established by the zoning board by general rule. The notice of appeal shall describe the order, requirement, decision or determination appealed from, and shall specify the grounds for the appeal. The chairman shall fix a reasonable time, not more than 30 days in the future, for the hearing on the appeal and inform the secretary of the time and place that the hearing will be held. The secretary shall give due notice of such hearing, in writing, to the applicant. The members of the zoning board shall be limited to a determination of the questioned action and it may reverse or affirm the action appealed from or modify such action, and shall have all of the powers under this division. The zoning board shall not, by its decision on an appeal, permit a variation in the application of the regulations of this chapter.

(Code 1985, § 8(8.3-9))

An appeal shall stay all proceedings in furtherance of the action appealed from, unless, after the notice of appeal has been filed, the zoning board shall determine that by reason of the facts stated in the certificate, a stay would cause imminent peril to lives or property. In such event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by order of a court of competent jurisdiction.

(Code 1985, § 8(8.3-10))

Any interested person may request the zoning board to hear and decide any matter specifically referred to it under this chapter. Such request shall be in writing, and shall be filed with the chairman of the zoning board. The chairman shall fix a reasonable time, not more than 30 days in the future, for the hearing on the request, and shall inform the secretary of the time and place the hearing will be held. The secretary shall give due notice of the hearing in writing to the person making the request, to the members of the zoning board and any other person directly interested in the outcome of such hearing. The zoning board shall decide the matter within a reasonable time after the hearing.

(Code 1985, § 8(8.3-11))

The zoning board may recommend a variation of regulations imposed by this chapter. When a property owner shows that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures imposes upon him particular difficulties or hardship, the zoning board may make recommendations of variations which are in harmony with the general purpose and intent of this chapter. Before recommending any request for a variation, and as a condition precedent to granting such a request, the zoning board shall hear sworn evidence upon and determine that the:

(1)

Property in question cannot be economically used or yield a reasonable return if permitted only to be used under the conditions allowed by the regulations;

(2)

Plight of the owner is due to unique circumstances;

(3)

Variation, if granted, will not alter the essential character of the locality, impair adequate supply of light and air to adjacent property, increase the condition of traffic or diminish or impair property values in all localities.

(a)

Any decision or order of the zoning board in granting a request for variation shall include a statement noting the specific reasons for granting the request.

(Code 1985, § 8(8.3-12))

All requests for variations under this chapter shall be in writing and filed with the village clerk.

(Code 1985, § 8(8.3-13))

In considering any matter proposed to it under this chapter, the zoning board shall require the concurring vote of four members of the zoning board in order to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant upon any matter which the zoning board is authorized by this chapter to render a decision.

(Code 1985, § 8(8.3-14))

In any action by the zoning board which requires a hearing, notice shall be required of the time and place of such hearing, which notice shall be published in a paper of general circulation in the village, or by posting such notice at three conspicuous places within the village. Personal notice shall be given to adjoining land owners where a request is made for change in zoning.

(Code 1985, § 8(8.3-15))

Amendments to the village zoning law may be made by petitioning the village for an amendment, and where agricultural or vacant land is concerned, a written report must be received by the zoning board from the county soil and water conservation district or department.

(Code 1985, § 8(8.3-16))

Only persons adversely affected by any decision under this chapter shall have the right to appeal to the proper court of the state under the Administrative Review Law, 736 ILCS 5/3-101 et seq., within the time provided in such act.

(Code 1985, § 8(8.3-17))