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Marshall City Zoning Code

ARTICLE XXIII

ZONING COMMISSION

Section 23.1. Organization; powers.

      (1)   Organization.
         (a)   A zoning commission is hereby created. It shall at all times be under the jurisdiction of the city council of the city.
         (b)   The zoning commission shall consist of seven (7) members, which members shall consist of the same seven (7) members on the board of appeals, with their appointment and terms to be concurrent with their appointment to and their terms on the board of appeals. A majority of the appointed members shall constitute a quorum for a meeting.
      (2)   Powers of the commission.
         (a)   No plans, plats or replats of land within the corporate limits of the city or in contiguous territory outside of and distant not more than one and one-half (1½) miles from such limits shall be entitled to record or shall be valid unless such plan, plat or replat is reviewed and approved pursuant to the city's Land Subdivision Ordinance.
         (b)   The zoning commission shall review all special use permit applications in accord with Article X.
         (c)   The zoning commission shall review all requests for zoning map amendments, hold the prescribed public hearing, and make recommendations to the city council in accord with 65 ILCS 5/11-13-14 within sixty (60) days of filing of the complete application. The city council will review the recommendation of the zoning commission and approve or deny the request within sixty (60) days of receiving the recommendation. The following standards shall be used when considering a map amendment:
            1.   That the proposed amendments is compatible with appropriate uses, appropriate zoning classification and appropriate trends of development in the general area; giving due consideration to dominant uses.
            2.   That the proposed zoning classification is appropriate as it relates to the physical characteristics of the subject property, giving due consideration to the uses permitted in both the existing zoning classification and the proposed zoning classification.
            3.   That adequate and safe accessibility to the subject property from a public road is available or can be reasonably supplied to serve the uses permitted in the proposed zoning classification.
            4.   That adequate public roads connected to the arterial highway system are available or can be reasonably supplied to serve the uses permitted in the proposed zoning classification.
            5.   That the proposed amendment is consistent with the need to minimize flood damage and that the development of the subject property for the uses permitted in the proposed zoning classification will not have a substantial detrimental effect on the drainage pattern in the area.
            6.   That adequate services (including, but not limited to fire and police protection, schools, water supply, and sewage disposal facilities) are available or can be reasonably supplied to serve the uses permitted in the proposed zoning classification.
            7.   That the proposed amendment is consistent with the public interest, giving due consideration to the intent of the ordinance.
         (d)   In accord with 65 ILCS 5/11-12-1 et seq., the zoning commission shall have the power to prepare and recommend to the city a comprehensive plan for the present and future development or the redevelopment of the community.
(Ord. No. 05-16, § 6, 7-11-05; Ord. No. 10-3, § 1, 3-26-10)