(A)   In order that adequate provisions be made for the preparation of a Comprehensive Village Plan for the guidance, direction, and control of the growth and development or redevelopment of the village and contiguous territory not more than 1-½ miles beyond the corporate limits and not included in any municipality, for the review of certain decisions of the Building Commissioner, and for hearings on petitions for variances, a Planning, Zoning and Development Commission is hereby created under authority of an act of the General Assembly of the State of Illinois entitled "Illinois Municipal Code". There is hereby established a Planning, Zoning and Development Commission. The Planning, Zoning and Development Commission shall perform all of the duties heretofore performed by the Planning, Zoning and Development Commission pursuant to former Chapter 154 and the Zoning Board of Appeals pursuant to former §§ 159.60 through 159.165 of Chapter 159.

   (B)   The Planning, Zoning and Development Commission shall consist of seven members appointed by the President with the advice and consent of the Board of trustees, one of whom shall be designated by the President as the Chairperson.

   (C)   Of the original seven members, two shall be appointed for a term of one year, two shall be appointed for a term of two years, and three shall be appointed for a term of three years and until their successors are appointed and qualified. Thereafter all appointments shall be for a term of three years except an appointment to fill an unexpired term which shall only be for the balance of the unexpired term.

(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95)

   (A)   All meetings of the Planning, Zoning and Development Commission shall be held at the call of the Chairperson and at such other times as the Commission may determine.

   (B)   All meetings of the Commission shall be open to the public.

   (C)   The Commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote indicating such fact and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes on each case and the reasons for granting or denying each application shall be specified. Every rule, regulation, and every order, requirement, decision, or determination of the Commission shall immediately be filed in the office of the Village Clerk and shall be a public record.

   (D)   The Commission shall adopt its own rules of procedure, a copy of which and all amendments thereto shall be filed in the office of the Village Clerk.

   (E)   The minutes of the Commission shall be open to public examination at reasonable hours.

   (F)   Expenses incurred by the Commission are to be itemized and shall be borne by the village.

   (G)   Each Commissioner must attend a minimum of nine of the 12 scheduled meetings each calendar year. If a Commissioner fails to attend the minimum number of meetings, the Village President may declare the position vacant and appoint another person to fulfill the remainder of the term.

   (H)   The Commission shall appoint a secretary from among its members.

(Ord. 77-03, passed 1-19-77; Am. Ord. 95-05, passed 4-10-95; Am. Ord. 95-06, passed 4-10-95)

   (A)   The Planning, Zoning and Development Commission shall hear appeals from and review any order, requirement, decision, or determination made by the Building Commissioner/Inspector charged with the enforcement of this chapter.

   (B)   Any appeal to the Commission may be taken by any person aggrieved or by any officer, department, board, or bureau of the village. Such appeal shall be taken within such time as shall be prescribed by the Commission by a general rule, by filing with the Zoning Administrator, the officer from whom the appeal is taken and with the Commission, a notice of appeal specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the Commission. The Village Clerk shall forthwith transmit to the Commission all of the papers constituting the record upon which the action appealed was taken.

   (C)   The Commission shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the persons appealing and to the officer from whom the appeal is taken. It shall hear the appeal within 45 days. At the hearing parties of interest may appear in person or by agent or attorney.

   (D)   The Commission may recommend to the Village Board of Trustees their decision to reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision, or determination appealed from the extent and in the manner that the Commission may decide to be fitting and proper in the premises, and to that end the Commission shall also have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the Commission shall be necessary to reverse any order, requirement, decision, or determination of the Building Commissioner/Inspector or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render decisions.

(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95)

   (A)   Authorized variances. The Board of Trustees may by ordinance determine and vary the application of any of the regulations of this chapter in harmony with the general purpose and intent of such regulations relating to the use, construction, or alteration of buildings or the use of land in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any such regulations. Variances, however, shall only be authorized in the following instances:

      (1)   To permit a temporary building for business or industry in any district for a use otherwise excluded from such district, provided the use is incidental to the development of that district, such permit to be for a period of not more than one year.

      (2)   To permit the alteration or enlargement of an existing building occupied by a nonconforming use, where such alteration or enlargement is necessary incident to such use.

      (3)   To permit in an M-1 Manufacturing District a building or use otherwise excluded from such district, provided such building or use is distinctly incidental and essential to a use permitted in such district, provided such incidental building or use occupies not more than 10% of the lot, that not more than 10% of the employees of the building or plant are to be engaged therein, and provided that such building or use is not located within 50 feet of any street.

      (4)   To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record prior to the date of passage of this chapter.

      (5)   To permit a front yard, a side yard, or a rear yard less than required by this chapter, but such variance shall not exceed 33% of the depth of the front yard, or the depth of the rear yard, or the width of a side yard, as required by this chapter.

      (6)   To permit a building to exceed the height limit by not more than 10% of the height limit established by this chapter.

      (7)   To permit the use of a lot less in area by not more than 10% of the lot area required by this chapter.

      (8)   To permit the use of a lot less in width by not more than 15% of the lot width as required by this chapter.

      (9)   To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is incorporated in and made a part of this zoning code.

   (B)   Application. An application for a variance of the regulations of this chapter may be made by a property owner or his agent to the Zoning Administrator for referral to the Planning, Zoning and Development Commission. Such application shall be made in writing stating the variance requested, the location of the property for which the variance is requested, name of the property owner, and cause for the requested variance.

   (C)   Public hearing. The Planning, Zoning and Development Commission shall fix a reasonable time and place for the public hearing and shall give notice of the time and place of such hearing, published at least once, not more than 30 days and not less than 15 days before the hearing in one or more newspapers with a general circulation within the municipality. The notice shall contain a description of the particular location for which the variance is requested as well as a brief statement of what the proposed variance consists.

   (D)   Report of findings. The Commission shall report its findings and recommendations in writing to the Board of Trustees within 30 days from the conclusions of the public hearing. In considering all proposed variances to this chapter, the Commission shall, before recommending that the Board of Trustees grant any variance from the chapter in a specific case, first determine and make a finding of fact that the proposed variance will not merely serve as convenience to the applicant but is necessary to alleviate some demonstrable hardship and will not impair an adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets; increase the danger of fire or endanger the public safety; unreasonably diminish or impair established property values within the surrounding area; or in any other respect impair the public health, safety, comfort, morals, and welfare of the inhabitants of the village. Said findings of fact shall be incorporated in the written report to the Board of Trustees.

   (E)   Board of Trustee Action.

      (1)   Upon receipt of the report and recommendations from the Commission to grant or deny the variance, the Board of Trustees by ordinance, without further public hearing, may adopt or reject the proposed variance or may refer it back to the Commission for further consideration, and any proposed variance which fails to receive the approval of the Commission shall not be passed except by a favorable vote of two-thirds of all the members of the Board of Trustees.

      (2)   No variance in any case shall be made by the Board of Trustees without a hearing by the Commission as required herein, nor without a report thereof having been made by the Commission to the Board of Trustees.

   (F)   Miscellaneous.

      (1)   No order for a variance permitting the erection or alteration of a building shall be valid for a period longer than six months unless a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

      (2)   No order for a variance permitting a use of a building or premises shall be valid for a period longer than six months, unless such use is established within such period; provided, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

   (G)   Staff approvals.

      (1)   Authorization. The Building Commissioner is authorized to, as stated in this division, approve zoning variances, without a public hearing being required.

         (a)   The only variation requests that may be processed by the Building Commissioner, are those which pertain to front, rear, or side yard setbacks.

         (b)   The Building Commissioner is limited in granting, a zoning variance, of six inches, or 5% of the required standard, whichever is greater.

         (c)   The Building Commissioner shall not be required to base his approval or disapproval, on previous recommendations or approvals of the Commission or the Village Board.

      (2)   Fees. the processing of such requests shall be based on the same fees, as listed under § 159.180, and the same standards, as listed under authorized variations, in § 159.163.

      (3)   Denials. When more than two variations in a one-year period are requested by the same individual or firm or when it is presumed that the process offered is being abused, or when the requests are based on a matter of convenience, such requests will be forwarded to the Commission for their review and recommendation.

      (4)   Reports. Upon completion of each application whether or not approved, a copy of the application, the review and the outcome will be forwarded to the petitioner, the Chairperson of the Commission, the Village Administrator, and the Village Board.

      (5)   Occupancy. No type of occupancy will be permitted until a revised plat of survey including the variation granted is received and approved by the Building Commissioner.

      (6)   Previous variations. Where previous variations have been granted by the Village Board, a further variation to the same yard, may not be granted by the Building Commissioner.

      (7)   Appeals. When approval has not been granted by the Building Commissioner, the applicant may apply to the Commission under a separate application, with a separate fee, for the matter to be reconsidered.

(Ord. 77-03, passed 1-19-77; Am. Ord. 91-27, passed 9-25-91; Am. Ord. 95-06, passed 4-10-95)

   The appeal shall stay all proceedings and furtherance of the action appealed from, unless the Building Commissioner/Inspector certifies to the Planning, Zoning and Development Commission, after notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property; in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Commission or by Court of Record on application, with notice to the officer from whom the appeal is taken, and all due causes shown.

(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95)

   The Planning, Zoning and Development Commission shall have the following powers and duties:

   (A)   (1)   To prepare and recommend to the corporate authorities a comprehensive plan for the present and future development or redevelopment of the village and contiguous unincorporated territory not more than 1-½ miles beyond the corporate limits of the 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. Such Plan shall be advisory except as to such part thereof as has been implemented by ordinance duly enacted by the Village Board of Trustees. All requirements for public hearings, filing of notice of adoption with the County Recorder of Deeds and filing of the Plan and ordinances with the Village Clerk shall be complied with as provided for by law; and

      (2)   To provide for the health, safety, comfort, and convenience of the inhabitants of the village 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 redevelopments 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, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment. The requirements specified herein shall become regulatory only when adopted by ordinance.

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

   (C)   To recommend to the corporate authorities from time to time such changes in the Comprehensive Plan, or any part thereof, as may be deemed necessary.

   (D)   To prepare and recommend to the corporate authorities from time to time, plans or recommendations for specific improvements pursuant to the Official Comprehensive Plan.

   (E)   To give aid to the officials of the village 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.

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

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

   (H)   To exercise such other powers germane to the powers granted under authority of the "Illinois Municipal Code".

(Ord. 95-06, passed 4-10-95)

   The Planning, Zoning and Development Commission shall have in addition to the powers and duties set forth in § 159.166, the authority and responsibility to hear and report findings and recommendations to the President and Village Board of Trustees on all applications for amendments and special use permits in the manner prescribed by the following standards and other regulations set forth herein:

   (A)   Initiation of amendment. Amendments may be proposed by the President or the Village Board of Trustees, the Planning, Zoning and Development Commission, or any property owner.

   (B)   Processing application for amendment.

      (1)   An application for an amendment shall be filed with the Village Clerk. The application shall be accompanied by such plans or data, and such other information, as specified by the Planning, Zoning and Development Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards of the village ordinances and as set forth herein. Copies of such application shall be forwarded by the Village Board to the Planning, Zoning and Development Commission with the request to hold a public hearing.

      (2)   Notices.

         (a)   The Planning, Zoning and Development Commission shall give notices of the public hearings to the applicant and to the owners or occupants of other properties which may be affected as determined by the Planning, Zoning and Development Commission.

         (b)   All notices shall be in writing and shall give time, place, and purpose of such hearing and shall he mailed not more than 30 days, nor less than 15 days, in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the tax assessor's rolls and with sufficient postage affixed thereof, with return receipt requested.

      (3)   Publication. The Planning, Zoning and Development Commission shall cause a notice of time, place, and purpose of such hearing to he published in a newspaper of general circulation within the village not more than 30 days nor less than 15 days in advance of such hearing.

      (4)   Hearing on application. Upon receipt in proper form of the application and statement referred to above, the Planning, Zoning and Development Commission shall hold at least one public hearing on the proposed amendment. However, the Planning, Zoning and Development Commission may continue from time to time the hearing without further notice being published.

      (5)   Findings of fact and recommendation of the Planning, Zoning and Development Commission. Within 45 days after the close of the hearing on a proposed amendment, the Planning, Zoning and Development Commission shall make written findings of fact and shall submit same, together with its recommendations to the President and Village Board of Trustees. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning, Zoning and Development Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

         (a)   Existing uses of property within the general area of the property in question;

         (b)   The zoning classification of property within the general area of the property in question;

         (c)   The suitability of the property in question to the uses permitted under the existing zoning classification; and

         (d)   The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification.

   (C)   Decisions.

      (1)   The Planning, Zoning and Development Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested.

      (2)   A concurring vote of a majority of those voting members present at the meeting shall he required to recommend granting or denying an application for an amendment.

      (3)   Report to the Village Board shall contain number present and number of votes for or against the motion.

   (D)   Action by the President and Village Board of Trustees.

      (1)   The President and Village Board of Trustees, upon receiving the recommendations of the Planning, Zoning and Development Commission, may grant or deny any proposed amendments in accordance with applicable state statutes, or may refer to the Planning, Zoning and Development Commission for further consideration.

      (2)   If an application for a proposed amendment is not acted upon finally by the Village Board within six months of the date upon which such application is received by the President and Village Board of Trustees, it shall he deemed to have been denied.

   (E)   Fees. A fee in the sum of $150 shall accompany all petitions for zoning amendments and use permits. Such fee shall he paid to the Village Clerk who shall give a receipt therefore, and account therefor to the Village Board.

(Ord. 95-06, passed 4-10-95)

   (A)   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 map 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 1-½ miles from the corporate limits of the village. All requirements for public hearing, filing of notice of adoption with the County Recorder of Deeds, and filing of that plan and ordinances, including the official map, with the Village Clerk shall be complied with as provided for by law.

   (B)   No map or plat of any subdivision or resubdivision presented for record affecting land within the corporate limits of the village or within contiguous territory which is not more that 1-½ miles beyond the corporate limits shall he entitled to record or shall be valid unless the subdivision in shown thereon provides for standards of design and standards governing streets, alleys, public ways, ways for public service facilities, street lights, public grounds, size of lots to he used for residential purposes, storm and flood water run-off channels and basins, water supply and distributions, sanitary sewers, and sewage collection and treatment in conformity with the applicable requirements of the ordinances, including the official map.

(Ord. 95-06, passed 4-10-95)

   All final administrative decisions of the Planning, Zoning and Development Commission under this subchapter shall be subject to judicial review pursuant to the provisions of the "Administrative Review Act," of the State of Illinois, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term ADMINISTRATIVE DECISION is defined as in Section 1 of the "Administrative Review Act."

(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95)