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Macomb City Zoning Code

ARTICLE III

ADMINISTRATIVE BODIES AND OFFICIALS

Sec. 17-91. - [Generally.]

The city council:

(1)

Takes such actions as necessary to plan for the future development of the city;

(2)

Approves or disapproves any application for an amendment to this chapter;

(3)

Approves or disapproves any application for a special use permit, including an application for a planned unit development;

(4)

Takes such other action not delegated to other bodies that may be desirable and necessary to implement the provisions of this chapter or as conferred by Constitutional Laws of the State of Illinois and the Charter of the City of Macomb.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-101. - Establishment; powers and limitations.

The planning commission is hereby established and given its authority within the laws of the State of Illinois and by ordinance of the city council. The planning commission shall have the following powers and duties:

(1)

To initiate, hear, review, and approve or disapprove applications for amendments to this development ordinance and zoning map.

(2)

To hear, review, and approve or disapprove applications for special use permits, including applications for planned unit developments.

(3)

To prepare and participate in and to make recommendations to the city council for adopting an official strategic plan or similar plans for the city, and from time to time to recommend to the council such amendments as it may deem appropriate.

(4)

To aid and assist the city council and the departments of the city in implementing the city's adopted land use policies and in planning, developing, and completing specific projects.

(5)

To review and report on any matters referred to it by the city council.

(6)

To make its special knowledge and expertise available to any official, department, board, or commission of the city to aid them in the performance of their respective duties relating to the planning and development of the city.

(7)

To review, hear and make decisions upon applications for the subdivision of land.

(8)

To review and make recommendations to the city council regarding improvements to public land.

(9)

To hold public hearings upon any of the issues which fall within their authority and jurisdiction to consider.

(10)

To recommend to the city council that the council should revoke special use permits if the established conditions for the special use permit are violated.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-102. - Membership and organization.

(a)

The planning commission shall consist of 11 members appointed by the mayor and confirmed by the council, each for a three-year term. Three members of the planning commission shall reside outside the city and within the extraterritorial one and one-half mile zoning jurisdiction.

(b)

One member of the commission shall be appointed chairperson by the mayor and confirmed by the council. The chairperson shall hold office until their successor is appointed.

(c)

Members of the planning commission may be compensated as per ordinance of the city council.

(d)

Members of the planning commission may be removed from office for cause by the city council.

(e)

Vacancies on the planning commission shall be filled for the unexpired term of the commission member whose seat is vacant by appointment of the mayor, with the confirmation of the city council.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 2781, § 2, 2-1-99; Ord. No. 22-19, § 2, 4-18-22)

Sec. 17-103. - Meetings, hearings, rules, and records.

(a)

Meetings of the planning commission shall be held at the call of the chairperson, or any two members, or at such times as the Commission may determine.

(b)

All hearings conducted by the commission shall be open to the public.

(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. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the commission shall be filed immediately in the office of the board and shall be a public record.

(d)

The commission shall adopt its own rules of procedure not in conflict with this chapter or with the Illinois Statutes.

(e)

No hearing shall be conducted without at least six members of the commission being present.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-116. - Establishment; powers and limitations.

The board of zoning appeals is hereby established and given its authority within the laws of the State of Illinois and by ordinance of the city council. The board of zoning appeals shall have the following powers and duties:

(1)

To hear and decide appeals from, and to review orders, decisions, or determinations made by, the community development coordinator.

(2)

To hear and decide upon applications for variances from the requirements of this chapter.

(3)

To hear and decide upon appeals taken pursuant to chapters 7, 10 and 13.

(4)

To hear and decide all matters referred to it by the city council.

(Ord. No. 2750, § 2, 11-17-97; Ord. No 22-61, § 2 (Exh. B), 12-5-22)

Sec. 17-117. - Membership and organization.

(a)

The board of zoning appeals shall consist of seven members appointed by the mayor, and confirmed by the city council, each for a five-year term.

(b)

One member of the board shall be appointed chairperson by the mayor and confirmed by the city council. The chairperson shall hold office until his or her successor is appointed.

(c)

Members of the board of zoning appeals may be compensated as per ordinance of the city council.

(d)

Members of the board of zoning appeals may be removed from office for cause by the city council.

(e)

Vacancies on the board of zoning appeals shall be filled for the unexpired term of the board member whose seat is vacant by appointment of the mayor, with the confirmation of the city council.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-118. - Meetings, hearings, rules, and records.

(a)

Meetings of the board of zoning appeals shall be held at the call of the chairperson, or any two members, or at such times as the board may determine.

(b)

All hearings conducted by the board of zoning appeals shall be open to the public.

(c)

The board of zoning appeals 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. Findings of fact shall be included in the minutes of each case of a requested variation, and the reasons for granting or denying such application shall be specified. Every rule or regulation, and every order, requirement, decision or determination of the board shall be filed immediately in the office of the board and shall be a public record.

(d)

The board of zoning appeals shall adopt its own rules of procedure not in conflict with this chapter or with the Illinois Statutes.

(e)

No hearing shall be conducted without at least four members of the board of zoning appeals being present. The concurring vote of at least four members of the board shall be necessary to reverse any order, requirement, decision, or development of the community development coordinator or zoning enforcement officer, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-131. - [Generally.]

The community development coordinator shall be charged with the administration of this chapter and, in particular, shall have the jurisdiction, authority, and duties described below:

(1)

To meet with and counsel those persons maintaining an interest in this chapter, other questions of land use, and related city plans and policies.

(2)

To conduct zoning compliance reviews regarding any permit pertaining to the use of land, buildings or structures.

(3)

To issue permits for temporary uses requiring administrative approval.

(4)

To conduct other administrative approvals as provided by Article IV, Division 8, of this development ordinance.

(5)

To review any site plans submitted for such review, and to make decisions or recommendations, as appropriate, to the planning commission on such site plans.

(6)

To make written interpretations of specific provisions of this chapter.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-141. - [Generally.]

The plat officer shall be a city employee in the building and zoning office. The plat officer shall have the power and duty to administer and enforce all subdivision regulations of Article IV, Division 1, Subdivision Procedure and Article V, Subdivision Standards.

The plat officer must be qualified by professional or practical training and experience to conduct the affairs and carry out the duties of that office.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 2895, § 1, 11-18-02)