Certain Village officials within this Section are cited as having powers that may also be administered by a designee, indicated by the language "or his/her designee." The ability to direct powers to a designee applies to the actions of such officials throughout this Ordinance.

The Village Board has the following powers, pursuant to this Ordinance:

A.

To make final decisions on zoning text and map amendment applications (Section 15.2).

B.

To make final decisions on special use applications (Section 15.3).

C.

To make final decisions on planned unit development applications (Section 12).

D.

To make final decisions on variations from the terms provided in this ordinance when said variations are requested in conjunction with a zoning text or map amendment application, a special use application, or a planned unit development application. (Section 15.4).

E.

In the event that there is a conflict with this section and any other section in this Code of Ordinances this section shall govern.

(Ord. No. 2020-30, § 2(Exh. 1), 9-22-20)

Creation. The Planning and Zoning Board is hereby created and is hereby designated as the Planning and Zoning Board referred to in this ordinance.

Membership. The Planning and Zoning Board shall consist of seven members appointed by the President of the Village Board by and with the advice and consent of the Village Trustees. The term shall be for one year. The appointing authority has the power to remove any member of the board for cause and after public hearing. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. All members of the Planning and Zoning Board shall serve as ex-officio members of the Economic Development and Neighborhood Renewal Commission.

Officers and staffing. One of the members so appointed shall be named as Chairperson by the President of the Village Board by and with advice and consent of the Village Trustees. One of the members so appointed shall be named as Vice-Chairperson by the President of the Village Board by and with the advice and consent of the village trustees. In the event of the absence of the Chairperson, the Vice-Chairperson shall act in their place and stead as acting chairperson. The President of the Village Board by and with the advice and consent of the village trustees shall appoint a Secretary from the members.

The commission may, at the discretion of the Village Board of trustees, employ a paid secretary or staff, or both, whose salaries, wages, and other necessary expenses shall be provided for by the Village of Niles from the public funds. If said Plan Commission shall deem it advisable to secure technical advice or services, it may be done upon authority from the Village Board of trustees and appropriations by the Village Board of trustees therefor.

Meetings. All meetings of the Planning and Zoning Board shall be held at the call of the Chairperson, and at such other times as the Planning and Zoning Board may determine. The Chairperson, or in his absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All regular meetings of the Planning and Zoning Board shall be open to the public. The Planning and Zoning Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Every decision upon which the Planning and Zoning Board is required to act under this ordinance shall be a public record. The commission shall keep written records of its proceedings, which shall be open at all times to public inspection.

Jurisdiction and authority. In the absence of an appointment of a Board of Appeals under the provisions of the ordinances of the Village of Niles to perform the function of such Board of Appeals and to have all of the powers incidental thereto, the Planning and Zoning Board is hereby invested with the following jurisdiction and authority:

(a)

To hear and decide, or make recommendations to the Village Board, on variations from the terms provided in this ordinance in the manner set forth in the applicable statutes of the State of Illinois and subject to the standards set forth in this section (15.4); and

(b)

To hear and decide appeals from any order, requirement, decision, or determination made by the Director of Community Development under this ordinance (15.9);

(c)

To hear and decide all matters referred to it or upon which it is required to pass under this ordinance.

Additionally, in the absence of an appointment of a Plan Commission under the provisions of the ordinances of the Village of Niles to perform the function of such Plan Commission and to have all of the powers incidental thereto, the Planning and Zoning Board is hereby invested with the following jurisdiction and authority:

(d)

To make recommendations to the Village Board on zoning text and map amendment applications (Section 15.2).

(e)

To make recommendations to the Village Board on special use applications (Section 15.3)

(f)

To make recommendations to the Village Board on planned unit development applications (Section 12).

Additionally, the Planning and Zoning Board is hereby invested with the following jurisdiction and authority:

(g)

To initiate, direct, and review, from time to time, studies of the provisions of this ordinance and to make reports of its recommendations to the Village Board;

(h)

To recommend to the Village Board of trustees of the Village of Niles, the subdivision or consolidation of any lot(s) and right of way vacations.

(i)

At any time or times, before or after the formal adoption of the official comprehensive plan by the corporate authorities, 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 geographical or functional parts, and may include all or any part of the contiguous unincorporated area within 1½ miles from the corporate limits of the Village of Niles. All requirements for public hearing, filing of notice of adoption with the county recorder of deeds, and filing of said plan and ordinances, including the official map, with the village clerk shall be complied with as provided for by law. No map or plat of any subdivision or resubdivision presented for record affecting land within the corporate limits of the Village of Niles or within contiguous territory which is not more than 1½ miles beyond the corporate limits shall be entitled to record or shall be valid unless the subdivision shown thereon 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, storm[water] 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.

(j)

In order to make adequate provisions for the preparation of a comprehensive village plan for the guidance, direction and control of the growth and development or redevelopment of the Village of Niles and contiguous territory not more than 1½ miles beyond the corporate limits and not included in any municipality, the Planning and Zoning Board for the Village of Niles is hereby invested with the following powers under authority of an act of the General Assembly of the State of Illinois entitled "Illinois Municipal Code" approved May 29, 1961, and effective July 1, 1961, and as amended:

i.

To prepare and recommend to the Village Board of Trustees of the Village of Niles, a comprehensive plan for the present and future development or redevelopment of said village and contiguous unincorporated territory not more than 1½ miles beyond the corporate limits of said village and 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 of Niles. Such plan shall be advisory except as to such part thereof as has been implemented by ordinances duly enacted by the Village Board of trustees. All requirements for public hearing, filing of notice of adoption with the county recorder of deeds and filing of said plan and ordinances with the municipal clerk shall be complied with as provided by law. To provide for the health, safety, comfort, and convenience of the inhabitants of the Village of Niles and contiguous territory, such plan or plans shall establish reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment in respect to public improvements as herein defined 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, school grounds, size of lots to be used for residential purposes, stormwater drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment. The requirements specified herein shall become regulatory only when adopted by ordinance.

ii.

To designate land suitable for annexation to the municipality and the recommended zoning classification for such land upon annexation.

iii.

To recommend to the Village Board of Trustees of the Village of Niles, from time to time, such changes in the comprehensive plan, or any part thereof, as may be deemed necessary.

iv.

To prepare and recommend to the Village Board of trustees, from time to time, plans and/or recommendations for specific improvements in pursuance of the official comprehensive plan.

v.

To give aid to the officials of the Village of Niles charged with the direction of projects for improvements embraced within the official plan, or parts thereof, to further the making of such improvements and generally to promote the realization of the official comprehensive plan.

vi.

To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding.

vii.

To cooperate with the municipal or regional planning commissions and other agencies or groups to further the local planning program and to ensure harmonious and integrated planning for the area.

viii.

To exercise such other powers germane to the powers granted under authority of an act of the General Assembly of the State of Illinois entitled "Illinois Municipal Code" approved May 29, 1961, and effective July 1, 1961, and as amended, as may be conferred by the Village Board of Trustees of the Village of Niles.

Decisions.

(a)

All final decisions on variations arrived at by the Planning and Zoning Board as provided in Section 15.4 shall require a majority vote of all its members and shall be subject to judicial review in accordance with applicable statutes of the State of Illinois.

(b)

All final decisions of appeals from decisions of the Director of Community Development arrived at by the Planning and Zoning Board as provided in Section 15.9 shall require a majority vote of all its members and shall, in all instances, be final administrative determinations subject to judicial review in accordance with applicable statutes of the State of Illinois.

(Ord. No. 2018-23, § 1, 5-22-18; Ord. No. 2020-30, § 2(Exh. 1), 9-22-20; Ord. No. 2024-44, § 2, 7-23-24)

The Director of Community Development may designate one or more Village staff persons to act as the Director of Community Development; however, a zoning decision may only be rendered once. The Director of Community Development, or his/her designee, has the following powers, pursuant to this Ordinance:

A.

To make final decisions on administrative exception applications (Section 15.5).

B.

To make final decisions on site plan review applications (Section 15.6).

C.

To make final decisions on zoning interpretation applications (Section 15.7).

D.

To make final decisions on temporary use permit applications (Section 15.8).

E.

To receive and forward zoning applications as required by this Ordinance to the Planning and Zoning Board, Village Board, or Village official, as appropriate.

F.

To maintain permanent and current records as required by this Ordinance.

G.

To maintain and make available the Village's Official Zoning Ordinance and Zoning Map, and all permanent and current records required by this Ordinance.

H.

To conduct inspections of structures or the use of land to determine whether there is compliance with this Ordinance, and, in case of any violation, order corrective action.

I.

To make decisions on matters set forth herein assigned to the Director of Community Development.