26-15-1.1.

General powers. The village administrator shall be charged with the administration and enforcement of this chapter. In addition to the jurisdiction, authority, and duties conferred on the village administrator by other provisions of state statutes and this Code, the village administrator shall have all powers necessary to such administration and enforcement and shall, in particular, have the jurisdiction, authority, and duties hereinafter set forth.

26-15-1.2.

Rules; regulations; application forms. The Village Administrator, consistent with the express standards, purposes, and intent of this chapter, shall promulgate, adopt and issue such procedural rules, regulations and forms as are in the village administrator's opinion necessary and appropriate to the effective administration and enforcement of the provisions of this chapter.

26-15-1.3.

Staff assistance to the zoning board of appeals, plan commission, and appearance review commission. the village administrator, within budgets available for that purpose, shall make staff and consulting assistance available to the zoning board of appeals, the plan commission, and the appearance review commission, for, among others, the following purposes:

(a)

To attend the meetings of each such body.

(b)

To inform each such body of all facts and information at the village administrator's disposal with respect to any matter brought before each such body.

(c)

To assist each such body by performing research and making recommendations on matters brought before each such body.

(d)

To perform such other duties as may be assigned to the village administrator by this chapter and by the rules of such bodies.

26-15-1.4.

Records. The village administrator shall maintain:

(a)

Permanent and current records of this chapter, including all maps, amendments, special permits, planned development and site plan approvals and denials, interpretations, and decisions rendered by the zoning board of appeals, the plan commission, the appearance review commission, the village attorney, and the village administrator, together with relevant background files and materials.

(b)

A current file of all zoning certificates of compliance, zoning certificates of occupancy, and all notices of violations issued by or entrusted to the village administrator's office for such time as necessary to ensure continuous compliance with the provisions of this chapter.

(c)

A current file of all nonconforming uses and signs in the village, by location and type of use.

26-15-1.5.

Zoning code text and zoning map. The village administrator shall prepare and have available for public sale on or before March 31 of each year:

(a)

The compiled text of this chapter in book or pamphlet form, including all amendments thereto through the preceding December 31.

(b)

The official zoning map, showing the zoning districts in effect on the preceding December 31.

(c)

The village administrator shall, at all other times, maintain and have available for reproduction at least one (1) up-to-date copy of both the zoning code text and the zoning map, showing all amendments through the most recent meeting of the board of trustees for which official minutes have been approved.

26-15-1.6.

Applications: receipt, processing, referral to interested parties and agencies. The village administrator shall receive all applications required to be filed pursuant to this chapter. Upon receipt of any such application, the village administrator shall see to its expeditious processing, including its prompt referral to and retrieval from each official, department, board, or commission of the village, or other government, with any interest or duty with respect to such application.

26-15-1.7.

Investigation of applications. Whenever the zoning board of appeals, the plan commission, the appearance review commission or the board of trustees shall so request, by general rule or specific direction, the village administrator shall conduct or cause to be conducted such surveys, investigations, and field studies and shall prepare or cause to be prepared such reports, maps, photographs, charts and exhibits as shall be necessary and appropriate to the processing of any application filed pursuant to this chapter.

26-15-1.8.

Zoning certificates. Pursuant to the provisions of sections 26-16-4 and 26-16-5, the village administrator shall review all applications for zoning certificates of compliance and zoning certificates of occupancy, respectively, shall approve or disapprove such applications, and shall issue or refuse to issue such certificates based on compliance or non-compliance with the provisions of this chapter.

26-15-1.9.

Interpretations. Pursuant to the provisions of section 26-16-6, the village administrator shall issue a written interpretation of the meaning and applicability of specific provisions of this chapter. Any interpretation of this chapter that may be rendered by the zoning board of appeals, the village administrator or the village attorney shall be kept on file with the village administrator and shall, except to the extent provided by the Illinois Freedom of Information Act or otherwise privileged pursuant to law, be a public record of the village open to inspection by interested parties at reasonable times and upon reasonable notice.

26-15-1.10.

Approval of site plans. Pursuant to the provisions of section 26-16-10, the village administrator shall have authority to review and approve or deny applications for site plan approval in those cases specified in subsection 16-10.3(a).

26-15-1.11.

Planned development and site plan modifications. Pursuant to the provisions of sections 26-16-10 and 26-16-13, the village administrator shall have authority to permit adjustments to final plans for planned developments and to site plans.

26-15-1.12.

Extensions of time. The village administrator, upon written request, may for good cause shown and without any notice or hearing grant extensions of any time limit imposed on an applicant or permittee by this chapter or, unless the ordinance or resolution shall expressly provide otherwise, by any ordinance or resolution of any body acting pursuant to this chapter. The total period of time granted by such extension or extensions shall not exceed twice the length of the original period.

26-15-1.13.

Inspection and enforcement. In furtherance of the enforcement of this chapter, the village administrator shall undertake such regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper within the limits of staff and budgeted funds; shall undertake such additional inspections as may be necessary to the performance of his or her duties hereunder; shall receive from any person complaints alleging with particularity a violation of this chapter; and when appropriate shall cause such investigations and inspections as may be warranted by such complaints to be made. Upon finding the existence of any violation of this chapter, the village administrator shall take or direct all actions necessary and appropriate to punish and abate such violation.

26-15-1.14.

Reports. The village administrator, as from time to time appropriate, shall prepare and submit reports to the board of trustees, the zoning board of appeals, the plan commission and the appearance review commission concerning the administration of the land use and development regulations of the village, setting forth such information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of such regulations, and setting forth the village administrator's recommendations for the improvement of such regulations and their administration.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13_

26-15-2.1.

Creation. The following zoning administrative bodies are hereby created, each with the membership indicated, to administer and enforce this chapter:

26-15-2.2.

Appointment and qualifications of members. All members of each zoning administrative body shall be appointed by the president with the advice and consent of the board of trustees. All members shall be residents of the village. Each member of the zoning board of appeals and plan commission shall serve for a term of five (5) years and until his or her successor has been appointed and has qualified for office. Any vacancy that may occur shall be filled for the balance of the unexpired term by appointment by the President with the advice and consent of the board of trustees. All members of each zoning administrative body shall be eligible for reappointment.

Members of the zoning board of appeals, so appointed by the president with the advice and consent of the board of trustees, shall serve concurrently as members of the plan commission. The resignation or removal of any member of the zoning board of appeals serving concurrently as a member of the plan commission shall be deemed a resignation or removal, as the case may be, from the plan commission.

26-15-2.3.

Jurisdiction.

(a)

Zoning board of appeals. The zoning board of appeals shall have the following jurisdiction and authority:

(1)

Subject to the provisions of section 26-16-7, to hear and decide appeals from, and to review orders, decisions, interpretations or determinations made by the village administrator and, to that end, shall have the powers of the village administrator with respect to such order, decision, interpretation or determination.

(2)

Subject to the provisions and standards of section 26-16-8, to hear, review, and offer its recommendations to the board of trustees on applications for variations from the requirements of this chapter, as specified in subsection 26-16-8.5.

(3)

Subject to the provisions and standards of section 26-16-8, to issue final decisions on applications for variations from the requirements of this chapter, as specified in subsection 16-8.6.

(4)

Subject to the provisions and standards of section 26-16-14, to initiate changes and amendments to this chapter.

(5)

Upon reasonable written request, to make its special knowledge and expertise available to any official, department, board, or commission of the village, county, state, or federal governments to aid them in the performance of their respective duties relating to zoning and its administration in the village.

(6)

In furtherance of the above jurisdiction and authority, to make such investigations, maps, reports, and recommendations in connection therewith, relating to zoning and its administration in the village as seem desirable to it; provided, however, that the expenditures of the zoning board of appeals shall not exceed the amount appropriated therefor.

(b)

Plan commission. In addition to the jurisdiction conferred on it by the state statutes and other codes and ordinances of the village, the plan commission shall have the following jurisdiction and authority:

(1)

Subject to the provisions of sections 26-3-1 and 26-3-2, to prepare and recommend a comprehensive plan, including an official map, to the board of trustees, which, upon its adoption by the board of trustees, shall be known as the "Official Comprehensive Plan" of the Village of Libertyville.

(2)

Subject to the provisions of sections 26-3-1 and 26-3-2, to review, prepare, and recommend to the board of trustees changes in and amendments to the official comprehensive plan, including the official map.

(3)

Subject to the provisions of section 26-16-14, to initiate, hear, review, and offer its recommendations to the board of trustees on applications for amendments to this chapter.

(4)

Subject to the provisions and standards of section 26-16-9, to hear, review, and offer its recommendations to the board of trustees on applications for special use permits.

(5)

Subject to the provisions and standards of section 26-16-10, to hear, review, and offer its recommendations to the board of trustees on applications for, or appeals from the village administrator's denial of, site plan approval.

(6)

Subject to the provisions and standards of section 26-16-13 to hear, review, and offer its recommendations to the board of trustees on applications for planned development approval.

(7)

To aid and assist the board of trustees and the departments of the village in implementing general plans and in planning, developing, and completing specific projects.

(8)

To review and report on any matters referred to it by the board of trustees or the village administrator.

(9)

Upon reasonable written request, to make its special knowledge and expertise available to any official, department, board, or commission of the village, county, state, or federal governments to aid them in the performance of their respective duties relating to the planning and development of the village and its region.

(10)

In furtherance of the above jurisdiction and authority, to make such investigations, maps, reports, and recommendations in connection therewith relating to the planning and development of the village as seem desirable to it; provided, however, that the expenditures of the plan commission shall not exceed the amount appropriated therefor.

26-15-2.4.

Organization and procedures.

(a)

Chairman and vice chairman. The village president, with the advice and consent of the board of trustees, shall name one (1) member of each zoning administrative body as chairman of such zoning administrative body, to preside at all meetings and hearings and to fulfill the customary functions of that office, and another member as vice chairman. The chairman and vice chairman shall serve for terms of one (1) year and until their respective successors have been appointed and have qualified for office. The chairman and vice chairman may administer oaths. in the absence of the chairman, the vice chairman, or, in the absence of the vice chairman, a temporary chairman elected by the members of such zoning administrative body shall act as chairman and shall have all the powers of the chairman. The vice chairman shall have, in addition, such other powers and duties as may from time to time be provided by the rules of such zoning administrative body.

(b)

Staff secretary; minutes; public records. The village administrator shall designate a staff secretary for each zoning administrative body, who shall attend all of such zoning administrative body's proceedings. The staff secretary shall provide for the keeping of minutes of the proceedings of such zoning administrative body, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The staff secretary shall maintain permanent records of all the meetings, hearings, and proceedings of, and all correspondence of, such zoning administrative body. Such records shall, except to the extent provided by the Illinois Freedom of Information Act or otherwise privileged pursuant to law, be public records open to inspection by interested parties at reasonable times and upon reasonable notice.

(c)

Quorum and necessary vote. No business shall be transacted by any zoning administrative body without a quorum, consisting of a majority of the members of such zoning administrative body. The concurring vote of at least four (4) members of each zoning administrative body shall be necessary on any motion to reverse any order, requirement, decision or determination appealed to it; to decide in favor of the applicant any application made; to recommend approval of any matter or application; or to effect any variation from the provisions of this chapter. Any lesser vote on any such motion, even if a majority of those members of the zoning board of appeals or plan commission present or voting, shall be considered a final decision denying the appeal, application or variation. If less than a quorum is present, the meeting or hearing may be adjourned from time to time as provided in the Illinois Open Meetings Act. The staff secretary shall in writing notify all members of the zoning administrative body of the date of the adjourned meeting or hearing and shall also notify such other interested parties as may be designated in the vote of adjournment.

(d)

Absent members. No member of any zoning administrative body absent from any portion of a meeting or hearing shall be qualified to vote upon the matter heard unless that member shall first certify on the record that he or she has reviewed the entire record of any such portion of the meeting or hearing during which he or she was absent and has fully informed himself or herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.

(e)

Meetings; hearings; procedures. Regular meetings of each zoning administrative body shall be held at the call of the chairman or as provided by rule of such zoning administrative body. Special meetings shall be called at the request of the chairman or of any three (3) members of the zoning administrative body or of the board of trustees.

(1)

All meetings, hearings, and deliberations of each zoning administrative Body shall be open to the public except when closed pursuant to the provisions of the Illinois Open Meetings Act.

(2)

All testimony at any hearing of a zoning administrative body shall be given under oath.

(3)

Each zoning administrative body shall adopt its own rules of procedure for the conduct of its business not inconsistent with this chapter, this Code and the statutes of the State of Illinois. The adoption, amendment or revision of such rules shall be by a majority vote of all members of the zoning administrative body, subject to review and approval by the village attorney and ratification by the board of trustees. Every member of a zoning administrative body shall be furnished a copy of such proposed rules and any amendment or revision thereto at least ten (10) days before consideration for adoption. Such rules shall be filed with the staff secretary of such zoning administrative body and with the village clerk. Any rule so adopted that relates solely to the conduct of meetings or hearings before such zoning administrative body, and that is not mandated by this chapter or the statutes of the State of Illinois, may be waived by the chairman of such zoning administrative body upon good cause being shown.

(f)

Record. The transcript of testimony, if any; the approved minutes of the zoning administrative body; all applications, requests, exhibits, and papers filed in any proceeding before a zoning administrative body; and the decision and report, or reports, of such zoning administrative body shall constitute the record. Each zoning administrative body may rely on the personal knowledge of its members, on its inspections of the property, and on any reports available to it; provided, however, that reliance on any specific factual matter or report shall be made a matter of record at the public meeting or hearing and every party shall be afforded reasonable time to respond to it.

(g)

Decisions and appeals. Every recommendation or decision of each zoning administrative body shall be by a motion set forth in the minutes of the zoning administrative body. Each such motion shall include findings of fact; shall refer to all the evidence in the record and to the exhibits, plans or specifications upon which such recommendation or decision is based; shall specify the reason or reasons for such recommendation or decision; shall contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief or setting forth the recommendation of the zoning administrative body; and shall expressly set forth any limitations or conditions recommended or imposed on any relief granted or recommended or work or uses authorized.

(1)

Each zoning administrative body may take final action on any recommendation or decision pertaining to an application pending before it prior to the preparation of written minutes, but in such event it shall, before taking such action, first state its findings and conclusions as above required at a meeting open to the public. The written minutes incorporating such findings and conclusions shall be presented and approved at the next regular meeting of such zoning administrative body open to the public. The time for taking any appeal shall run from the approval of such minutes.

(2)

In any case where this chapter provides that the failure of a zoning administrative body to act shall within a set period be deemed a grant or a denial of an application or a recommendation for a grant or a denial of an application, such failure shall be considered to be a decision or recommendation of the zoning administrative body to grant or deny such application, as applicable, rendered on the day following the expiration of such set period, notwithstanding the absence of required findings and conclusions.

(3)

Decisions of the zoning board of appeals made pursuant to subsections 26-15-2.3(a)(1) and 26-15-2.3(a)(3) shall in all instances be considered final administrative determinations and shall be subject to appeal in the manner provided in Article III of the Illinois Code of Civil Procedure pertaining to administrative review. All other actions of any zoning administrative body shall be only recommendations to the board of trustees and shall not constitute final decisions or determinations for any purpose.

(h)

Conflicts. No member of a zoning administrative body shall participate in the hearing or disposition of any matter in which that member has an interest as such term is defined in applicable state statutes. Any conflict of interest prohibited by state law shall disqualify a member.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)