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Mokena City Zoning Code

CHAPTER 2

ADMINISTRATION

9-2-1: ADMINISTRATION ORGANIZATION OF TITLE:

The administration of this title is vested in the following administrative offices, commissions and boards:
   A.   The office of the zoning official;
   B.   The office of the village clerk;
   C.   The zoning board of appeals;
   D.   The village board; and
   E.   The village planning commission. (Ord. 2000-O-005, 2-14-2000)

9-2-2: OFFICE OF THE ZONING OFFICIAL:

   A.   The zoning official and his authorized designees shall administer and enforce this title, and in addition thereto and in furtherance thereof shall have the authority to:
      1.   Issue all building permits and zoning certificates and maintain records thereof;
      2.   Issue all certificates of occupancy, and maintain records thereof;
      3.   Issue temporary use permits authorized by this title;
      4.   Conduct inspections of buildings, structures and land to determine compliance with this title and notify in writing the person responsible for any violation found, indicating the nature of the violation and ordering the action necessary to correct it;
      5.   Order the discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by statute or by this title to ensure compliance with or to prevent violations of its provisions. Such order may be appealed to the zoning board of appeals;
      6.   Prepare and cause to be published in a newspaper as a legal notice, on or before March 31 of each year, maps showing the existing zoning uses, divisions, restrictions, regulations and classifications in effect;
      7.   Maintain permanent and current records of this title, including, but not limited to, all maps, amendments, special use permits, planned developments, variations, appeals and applications thereof;
      8.   Advise all persons seeking zoning information of the existence of official plans of the village and the relationship of these plans to zoning;
      9.   Provide and maintain a source of public information relative to all matters arising out of this title;
      10.   Receive, file and forward to the village board (with copies to the zoning board of appeals or planning commission where applicable) all applications for amendments, special use permits, planned developments and other matters on which the village board is required to pass under this title;
      11.   Receive, file and forward to the zoning board of appeals all applications for variations and other matters on which the board is required to pass under this title;
      12.   Initiate, direct and review, from time to time, a study of the provisions of this title and make recommendations as such study requires;
      13.   Keep the village board advised on zoning activities; and
      14.   Decide or make recommendations on all matters under this title upon which the zoning official is required to act.
   B.   In the performance of their duties, the zoning official may incur such expenditures as may be authorized by the village board. (Ord. 2000-O-005, 2-14-2000)

9-2-3: OFFICE OF THE VILLAGE CLERK:

The village clerk, and his or her authorized designees, shall administer that portion of the zoning title prescribing duties for the village clerk, and shall:
   A.   Accept appeals filed in the village clerk's office and forward same to the zoning board of appeals for appropriate action; and
   B.   Maintain copies of the zoning title and zoning map for reference by the public. (Ord. 2000-O-005, 2-14-2000)

9-2-4: ZONING BOARD OF APPEALS:

   A.   Creation Of Membership:
      1.   The existing zoning board of appeals is hereby authorized to continue. The zoning board of appeals shall consist of seven (7) members and two (2) alternate members, to be chosen from the membership of the planning commission, appointed by the village president and confirmed by the members of the village board. The alternate members shall participate in ZBA meetings only in the absence of regular members, based upon seniority, and shall only discuss and vote on an issue in said absence. Members shall receive compensation only for each meeting attended as a participating member of the ZBA. The village board shall have the authority to set the rate of compensation. No compensation shall be received for meetings not attended. (Ord. 2006-O-059, 10-9-2006)
      2.   All appointments to the zoning board of appeals shall be made by the village president for terms of four (4) years in duration, except the chairman, which shall be six (6) years in duration. However, appointments made to replace vacancies upon the zoning board of appeals shall be only for the unexpired term of the member whose place has become vacant. All appointments to the zoning board of appeals made by the village president shall be confirmed by the village board of trustees.
      3.   The chairman of the zoning board of appeals shall remain as chairman throughout his term and shall receive compensation for each meeting attended. The village board shall have the authority to set the rate of compensation. No compensation shall be received for meetings not attended. The chairman, subject to the approval of the members of the village board of trustees, shall have the power to remove any member of said zoning board of appeals for cause. The village board of trustees may remove any member of the zoning board of appeals for cause without concurrence of the chairman of the zoning board of appeals if at least two-thirds (2/3) of the membership of the village board vote for said removal.
   B.   Jurisdiction: The zoning board of appeals is hereby vested with the following jurisdiction and authority:
      1. To hear appeals from any order, requirement, decision or determination made by the zoning official under this title;
      2. To hear and pass upon application for variations from the terms of this title in the manner prescribed by, and subject to, the standards established herein; and
      3. To review and report on any matters referred to it by the village board.
   C.   Meetings And Rules: All meetings of the zoning board of appeals shall be held at the call of the chairman and at such times as the zoning board of appeals board may determine. Hearings shall be conducted by the zoning board of appeals or any member thereof and shall be open to the public. Location of such hearings shall be in the village hall or such other predetermined location within the corporate limits. Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. The zoning board of 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. A copy of every rule of regulation, every amendment, and every order, requirement, decision or determination of the zoning board of appeals shall be filed immediately in the office of the zoning official and shall be a public record. The zoning board of appeals shall adopt its own rules and procedures, not in conflict with this comprehensive amendment or with the applicable Illinois statutes, and may select or appoint such officers, as it deems necessary. In the performance of their duties, the zoning board of appeals may incur such expenditures as may be authorized by the village board.
   D.   Finality Of Decisions Of The Board: All decisions and findings of the zoning board of appeals, on appeal or upon application for a variation after a hearing, shall, in all instances, be final administrative determinations and shall be subject to judicial review as the law may provide. (Ord. 2000-O-005, 2-14-2000)

9-2-5: VILLAGE PLANNING COMMISSION:

   The village planning commission, in addition to the authority conferred on it by state statutes and other codes and ordinances of the village, shall have with the following jurisdiction and authority:
   A. To hear and make recommendations to the village board on proposed amendments this title;
   B. To hear and make recommendations to the village board on special use permits, including planned developments;
   C. To establish reasonable standards of design for subdivisions and to receive all application for subdivision approval; and
   D. To review and report on any matters referred to it by the village board. (Ord. 2000-O-005, 2-14-2000)

9-2-6: VILLAGE BOARD OF TRUSTEES:

   The village board of trustees shall establish the standards, procedures and contents of this title and shall reserve certain matters of final decision to itself. Decisions of the village board of trustees shall be subject to judicial review as the law may provide, and the jurisdiction of the village board of trustees shall be:
   A. To decide amendments to this title after report by the planning commission;
   B. To decide on special use permits, subdivisions, and planned developments after report by the planning commission;
   C. To confirm appointments to the zoning board of appeals and the planning commission;
   D. To set rate of compensation for members of the zoning board of appeals and the planning commission;
   E. To decide all matters required by this title; and
   F. To initiate comprehensive amendments of this title. (Ord. 2000-O-005, 2-14-2000)