Orland Park City Zoning Code
ARTICLE 3
Decisionmaking and Administrative Bodies
§ 3-101 Board of Trustees.
In addition to any authority granted the President and Board of Trustees by state law or other ordinances of the Village, the President and Board of Trustees shall have the following powers and duties:
A.
To adopt, review and amend the Comprehensive Plan for the Village, the Capital Improvements Plan and such overlay plans as they may deem necessary and appropriate;
B.
To review all applications for special use permits, map and text amendments and preliminary plans prior to public hearing by the Plan Commission in accordance with the provisions of Sections 5-105I, 5-108 and 5-112D;
C.
To hear, review, approve or disapprove special use permits after recommendation by the Plan Commission in accordance with the provisions of Section 5-105I;
D.
To hear, review and approve appeals from special use permits in accordance with the provisions of Section 5-105H;
E.
To initiate, hear, review and adopt amendments to the Zoning District Map after recommendation by the Plan Commission in accordance with the provisions of Section 5-108;
F.
To initiate, hear, review and adopt amendments to the text of these regulations after recommendation by the Plan Commission in accordance with the provisions of Section 5-108;
G.
To hear, review and approve or disapprove all applications for approval of plats of subdivision in accordance with the provisions of Section 5-112; and
H.
To take such other action not delegated to the Plan Commission as the Board of Trustees may deem desirable and necessary to implement the provisions of these regulations and the Comprehensive Plan.
[Amended by Ord. 5167, 2-20-2017; Ord. 5476, 1-20-2020] |
§ 3-102 Plan Commission.
A.
Creation. There is hereby established a Plan Commission.
B.
Powers and Duties. The Plan Commission shall have the following powers and duties:
1.
If requested by the Board of Trustees:
a.
To prepare or cause to be prepared a Comprehensive Plan, a Capital Improvements Plan and overlay plans; to submit such plans to the Board of Trustees for review and approval and to submit to the Board of Trustees an annual report recommending amendments to such plans;
b.
To hear, review and make recommendations to the Board of Trustees in regard to amendment of the Zoning District Map;
c.
To hear, review and recommend to the Board of Trustees approval or disapproval of applications for special use permits;
d.
To initiate, hear, review and make recommendations to the Board of Trustees on applications for amendments to the text of these regulations;
e.
To review site plans for multi-family and non-residential development, landscaping plans, and other appearance related matters;
f.
To hear, review, and recommend approval or disapproval of all applications for approval of plats of subdivision in accordance with the provisions of Section 5-112; and
g.
To hear, review and decide appeals from administrative decisions.
2.
To make its special knowledge and expertise available upon reasonable written request and authorization of the Board of Trustees to any official, department, board, commission or agency of the County, State or Federal governments;
3.
To adopt such rules, as are approved by the Board of Trustees, to govern the Commission's proceedings as are necessary for the administration of its responsibilities, not inconsistent with these regulations;
4.
To hold public hearings and make recommendations to the Board of Trustees on applications for designation of historic landmarks in Orland Park as are referred to it by the Board;
5.
To review demolition and building permit applications and issue or deny Certificates of Appropriateness for property within historic districts or designated as a historic landmark;
6.
To advise owners on correct techniques for altering historic landmarks and property within historic districts;
7.
To hold public hearings and make recommendations to the Board of Trustees on all matters relating to construction and alteration of historic landmarks or property within historic districts;
8.
To adopt criteria for the review of applications for Certificates of Appropriateness and other applications for development approval affecting historic districts or landmarks;
9.
To submit an annual report of its activities and other reports as necessary;
10.
To maintain a register of designated districts and landmarks and work to educate the residents of the Village about its heritage;
11.
To examine and evaluate all methods of financial assistance for historic preservation;
12.
Develop appearance, architectural and beautification plans for a historic district, consistent with the Comprehensive Plan of the Village and with existing ordinances. Elements and factors to be used in these plans shall include but not be restricted to improved and unimproved land, open spaces, streets and parkways, gardens, malls, setbacks and rights-of-way, external architectural features of buildings and structures of all types, existing and future, landscaping, land topography, plant life, walks, drives, parking area, plazas, exterior furniture, hardware, signs, markers, posts, fences, barriers, light and lighting, and supplementary structures and appurtenances;
13.
Consult with the Development Services Department, the Parking and Traffic Advisory Board, other Village departments and any other governmental bodies, property owners, or homeowners groups or business groups which represent the historic district area or express interest in participating;
14.
Study exterior design drawings, landscape and site plans and materials for any proposed public improvements within a historic district; and
15.
To perform such other duties as are assigned by the Board of Trustees.
[Ord. 4940, 11-3-2014] |
C.
Qualifications for Membership. Members of the Plan Commission shall be residents of the Village. In the event that any member is no longer such a resident or is convicted of a felony or an offense involving moral turpitude while in office, the Board of Trustees shall terminate the appointment of such person as a member of the Commission. Special consideration shall be given to individuals who have a background in real estate, architecture, landscape architecture, planning or historic preservation.
[Ord. 4940, 11-3-2014]
D.
Membership, Appointment, Removal, Terms and Vacancies. There shall be a total of seven members. Membership, Appointment, Removal, Terms and Vacancies shall be as provided by the Village Board of Trustees by Ordinance.
[Ord. 3199, 11-16-1998]
E.
Recording Secretary. The Director of the Development Services Department shall appoint a Recording Secretary to serve the Plan Commission. The Secretary shall keep minutes of all proceedings of the Commission, which minutes shall be a summary of all proceedings before the Commission, attested to by the Secretary, and which shall include the vote of each member upon every question. The minutes shall be approved by a majority of the members of the Commission voting. In addition, the Secretary shall maintain all records of Commission meetings, hearings and proceedings, the correspondence of the Commission, and a mailing list of persons wishing to receive notice of meetings, agendas or minutes and who have paid an annual fee set by the Board of Trustees to cover copying and mailing costs.
[Ord. 4940, 11-3-2014]
F.
Staff. The Development Services Department shall be the professional staff of the Plan Commission.
[Ord. 4940, 11-3-2014]
G.
Quorum and Necessary Vote. No meeting of the Plan Commission may be called to order, nor may any business be transacted by the Commission, without a quorum consisting of at least four members of the Commission being present. The Chairman shall be considered and counted as a member. The concurring vote of at least four members shall be necessary for the Commission to take action on special use applications, final subdivision plat approvals, or amendments to the text of these regulations, the Comprehensive Plan, or to the Zoning District Map. All other actions shall require the concurring vote of a simple majority of the members of the Commission then present and voting.
[Ord. 3199, 11-16-1998; amended by Ord. 4940, 11-3-2014]
H.
Meetings, Hearings and Procedure.
1.
Regular meetings of the Plan Commission shall be held twice a month. Special meetings may be called by the President of the Board of Trustees, the Chairman of the Plan Commission, a majority of the members of the Plan Commission, or a majority of the Board of Trustees.
2.
If a matter is postponed due to lack of a quorum, the Chairman of the Plan Commission shall continue the meeting as a special meeting to be held at the same location as soon thereafter as practical. In case of delays caused by other reasons, any hearing should be rescheduled to the next Commission meeting. The Secretary shall notify all members of the date of the continued meeting and also shall notify all parties.
3.
All meetings and hearings of the Commission shall be open to the public.
4.
Public hearings shall be set for a time certain.
5.
No fewer than two members shall attend at least one informational or educational meeting per year; as approved by the State Historic Preservation Officer, pertaining to the work and functions of the Commission or to historic preservation.
6.
The Plan Commission shall transmit an annual report of its activities per year, as approved by the State Historic Preservation Officer. Such reports shall include, at a minimum, the number of cases reviewed, new designations made, progress on survey activities, resumes for new Commission members, attendance records, and documentation for the educational and information meetings referenced in the paragraph above. Reports shall be submitted within 60 days after the end of the fiscal year for the Village.
7.
The Plan Commission shall monitor and notify the State Historic Preservation Officer of an actual or proposed demolition or actual or proposed major alteration affecting any property in its jurisdiction listed in the Illinois Register of Historic Places. The State Historic Preservation Officer shall provide updated listings of both Registers to the Commission and the President of the Board of Trustees.
8.
The responsibilities of the Plan Commission shall be complementary to and carried out in coordination with the responsibilities of the State Historic Preservation Officer pursuant to state and federal laws and regulations as they relate to historic preservation, landmarks, and historic districts.
[Ord. 4940, 11-3-2014] |
§ 3-103 Historic Preservation Review Commission.
[Title Change by Ord. 3672, 8-5-2002; entire section repealed by Ord. 4940, 11-3-2014]
§ 3-104 Appeals.
[Amended Ord. 2768, 8-7-1995; 10-21-2024 by Ord. No. 5947]
The Plan Commission, the Committee of the Whole, and the Board of Trustees shall be responsible for hearing appeals from the various administrative and other decisions made pursuant to the provisions of the Land Development Code. The Plan Commission shall be the primary appellate body and shall hear all appeals under Section 5-107 and under any other section unless it requires an appeal from their own determination, which shall be heard by the Board of Trustees; and the Plan Commission shall further hear all applications for variances under Section 5-109.
§ 3-105 Department of Development Services.
A.
General. The Department of Development Services shall perform the planning functions for the Village, provide technical support and guidance for action on applications for development approval and perform such other functions as may be requested by the Board of Trustees, the Plan Commission, or the Village Manager. The Department of Development Services shall coordinate the review of all applications for development approval by the Department of Development Services and other Village departments.
B.
Director of Development Services.
1.
Creation and Appointment. The Director of Development Services shall be the department head of the Department of Development Services and shall be appointed by and serve at the pleasure of the Village Manager.
2.
Jurisdiction, Authority and Duties. In addition to the jurisdiction, authority and duties which may be conferred upon the Director of Development Services by other ordinances, the Director of Development Services shall have the following jurisdiction, authority and duties:
a.
To serve as staff to the Plan Commission and to inform such body of all facts and information at his disposal with respect to applications for development approval or any other matters brought before it;
b.
To serve as chairman of the Development Review Committee;
c.
To assist the Plan Commission in the review and preparation of the Comprehensive Plan, any special area plans, the Capital Improvements Program, these regulations and proposed amendments thereto;
d.
To maintain the Zoning District Map and to make an annual presentation of the Map to the Board of Trustees for certification;
e.
To maintain development review files and other public records related to the Department's affairs;
f.
To review and approve or disapprove applications for special use permits;
g.
To review, or cause to be reviewed, all applications for special use permits and plat approval;
h.
To render interpretations of the Comprehensive Plan, these regulations or the boundaries of the Zoning District Map;
i.
To evaluate and act upon claims of non-conforming uses and structures in conjunction with Building Department and make recommendations;
j.
To coordinate all local, regional, state and federal environmental and other land development permitting processes affecting development in the Village;
k.
To plan for and evaluate all transportation improvements for the Village, and coordinate such activities with the Department of Transportation of the State of Illinois;
l.
To issue development compliance certificates and sign pre-application conference letters of understanding in accordance with these regulations;
m.
To determine whether an application for development approval is materially different from a previously denied application in accordance with the provisions of Section 5-101H;
n.
To establish such rules of procedure as are necessary for the administration of his responsibilities under these regulations; and
o.
Whenever requested to do so by the Board of Trustees with the assistance of other Village departments, to conduct or cause to be conducted surveys, investigations and studies, and to prepare or cause to be prepared such reports, maps, photographs, charts and exhibits as may be requested.
[Amended by Ord. 5167, 2-20-2017]
§ 3-106 Development Review Committee.
A.
Creation and Composition. The Development Review Committee shall be composed of the Director of Development Services, the directors of the Village's Public Services Department, Recreation and Parks Department, the Building Department, the Finance Department, the Police Department, the Village Engineer, the Village Attorney, any other Village employee or official designated by the Board of Trustees or Village Manager, and at their option, representatives of the fire and school districts.
B.
Duties. The Development Review Committee shall meet at least weekly to consider such matters as are prescribed by these regulations, including:
1.
Meeting with any developer at a preapplication conference when requested or required;
2.
Reviewing all applications for development approval, submitting comments on such applications to the Director of Development Services who shall consolidate such applications for submission to the Plan Commission; and
3.
Reviewing all applications for amendments to these regulations.
[Ord. 5167, 2-20-2017]
§ 3-107 Building Department.
A.
General. The Building Department shall perform the duties required under the provisions of these regulations and such other functions as may be requested by the Board of Trustees, the Plan Commission, or the Village Manager.
B.
Director of Building Department.
1.
Creation and Appointment. The Director of the Building Department shall be appointed by and serve at the pleasure of the Village Manager.
2.
Jurisdiction, Authority and Duties. In addition to the jurisdiction, authority and duties which may be granted the Director of the Building Department by other ordinances, the Director shall have the following jurisdiction, authority and duties:
a.
To issue and revoke building permits in accordance with the procedures of these regulations;
b.
To issue and revoke certificates of occupancy in accordance with these regulations;
c.
To serve as the Building Official under the provisions of the Village's Building Code;
d.
To serve on the Development Review Committee;
e.
To conduct such inspections and investigations as are necessary to enforce the provisions of these zoning regulations;
f.
To determine the extent of damage or destruction of non-conforming uses and structures, in cooperation with the Director of Development Services;
g.
To verify and record the actual land use of property subject to these regulations;
h.
To verify and enforce the conditions required by special use permits;
i.
To enforce the provisions of these regulations; and
j.
To provide the Board of Trustees and the Plan Commission and Hearing Officer with reports and recommendations with respect to matters before such bodies, as directed by the Board of Trustees or the Director of Development Services or Director of the Building Department.
[Amended by Ord. 5167, 2-20-2017]
§ 3-108 Engineering Department.
[Added 11-1-2021 by Ord. No. 5653]
A.
General. The Engineering Department shall perform the engineering functions for the Village, provide technical support and guidance for action on applications for development approval, capital improvements and perform such other functions as may be requested by the Board of Trustees, the Plan Commission, or the Village Manager. The Engineering Department shall coordinate the review of all applications for development and capital improvements with other Village departments, as appropriate.
B.
Director of Engineering.
1.
Creation and appointment. The Director of Engineering shall be the department head of the Engineering Department and shall be appointed by and serve at the pleasure of the Village Manager.
2.
Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which may be conferred upon the Director of Engineering by other ordinances, the Director of Engineering shall have the following jurisdiction, authority and duties:
a.
To serve as staff to the Plan Commission and to inform such body of all facts and information at his disposal with respect to the engineering-related aspects of applications for development approval or any other matters brought before it;
b.
To assist the Plan Commission in the review and preparation of the Comprehensive Plan, any special area plans, the Capital Improvements Program, these regulations and proposed amendments thereto;
c.
To maintain development review files and other public records related to the Department's affairs;
d.
To review and approve or disapprove permits requiring engineering oversight;
e.
To review, or cause to be reviewed, all applications for plat approval;
f.
To render interpretations of the Comprehensive Plan;
g.
To coordinate relevant local, regional, state and federal environmental and other land development and capital improvement project permitting processes affecting development in the Village;
h.
To plan for and evaluate all transportation improvements for the Village, and coordinate such activities with the Department of Transportation of the State of Illinois and Cook County Department of Transportation and Highways;
i.
To establish such rules of procedure as are necessary for the administration of his/her responsibilities under these regulations; and
j.
Whenever requested to do so by the Board of Trustees, with the assistance of other Village departments, to conduct or cause to be conducted surveys, investigations and studies, and to prepare or cause to be prepared such reports, maps, photographs, charts and exhibits as may be requested.
C.
Engineering review disclaimer.
"All reviews by the Village of Orland Park Engineering Department and/or its consultants (and follow-up approvals and permits that may be issued by the Village on the basis of this review) were performed solely to determine general conformance of the proposed development with the Village of Orland Park's Codes, Ordinances, Policies, Criteria and Standards and is limited to project-related items under the Village's jurisdiction. The review and findings made after the review are not intended as, nor are they to be construed as a guarantee of any kind. The review does not include coordination with permits previously issued by various government agencies, field verification of existing and proposed conditions, utility information, above or below ground stormwater information, elevations, grades, topography and other information as shown on the plans and documents submitted by the Petitioner and/or its Design Professional(s). The Village staff and its consultants have not performed this review for the purpose of determining design errors or omissions and assume neither responsibility nor liability for errors and omissions in any of these submitted designs and documents. The Petitioner and its Design Professional(s) have the sole responsibility for the correct and complete representation of project information, technical details, performing/checking all design computations, dimensions, coordination of information available from other government agencies, and providing design and documents that complies with design criteria established by the Village. The Petitioner and its Design Professional(s) are responsible for completing its own reviews for technical accuracy, performing internal quality control and quality assurance reviews. The Village review does not relieve the Petitioner and its Design Professional(s) of the responsibility of preparing design and related documents that meet all Village codes, appropriate industry codes, other government agencies' requirements and best practices of related development industry. Additionally, the Petitioner and its Design Professional(s) are responsible for meeting all related design requirements, submitting permit applications with all required documents, and acquiring appropriate permits from all government agencies that may have jurisdictions over their development. These include, but are not limited to: MWRDGC, IDOT, IDNR, U.S. Army Corps of Engineers, Cook County, Will County, and FEMA. It is not intended that this review conflict or interfere with any ordinance or statute. If any discrepancies are identified between this review and any legal document, the ordinance or statute governs."