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Plano City Zoning Code

TITLE 2

BOARDS AND COMMISSIONS

CHAPTER 2 ZONING BOARD OF APPEALS

(Rep. by Ord. 2007-16, 3-26-2007, eff. 5-1-2007)

2-1-1: CREATED; APPOINTMENT:

Effective May 1, 2007, a combined plan commission and zoning board of appeals ("board") is hereby created and shall consist of seven (7) members who shall be appointed by the mayor with the advice and consent of the city council. (Ord. 2007-16, 3-26-2007)

2-1-2: TERMS OF OFFICE:

The members of the combined plan commission and zoning board of appeals, appointed by the mayor with the advice and consent of the city council, shall serve respectively for the following terms: one for one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years, the successor to each member so appointed to serve for a term of five (5) years. In each case, each member of the combined plan commission and zoning board of appeals shall serve until such time as their successor or successors shall have been appointed and qualified. Members of the combined plan commission and zoning board of appeals shall reside within the city of Plano or within territory contiguous to the city of Plano and not more than one and one-half (11/2) miles beyond the corporate limits and not included within the corporate limits of any other municipality. (Ord. 2007-16, 3-26-2007)

2-1-3: ORGANIZATION, MEETINGS, RULES AND PROCEDURES:

   A.   Officers:
      1.   There shall be a chairman of the combined plan commission and zoning board of appeals who shall be appointed by the mayor from the then appointed and acting members of the board with the advice and consent of the city council. The chairman shall hold office until a successor is appointed.
      2.   At the first meeting in a calendar year, of the combined plan commission and zoning board of appeals, or as it becomes otherwise necessary due to a vacancy, the members of the board shall elect one of their members to serve as vice chairman and shall elect one of their members to serve as secretary of the board for the ensuing year. The vice chairman shall act as chairman when the chairman is absent or is otherwise unable to act. The board may employ a court reporter who shall make and keep a record of all of its meetings and official acts. The building and zoning administrator/inspector shall be the executive secretary to the board and shall attend all meetings called by the board.
   B.   Meetings, Rules And Procedures:
      1.   Meetings: All meetings of the combined plan commission and zoning board of appeals shall be held at the call of the chairman and at such time as the board may determine. As to those meetings requiring a public hearing, there shall be not less than fifteen (15) nor more than thirty (30) days' notice of the time and place of such public hearing published in a newspaper of general circulation in the city. Said notice shall contain a statement of the particular purpose of the public hearing and a brief description of the location of the property or properties under consideration at such public hearing and a description of the action requested to be taken by the board.
      2.   Powers Of The Chair: In all official proceedings, the chairman, or in his or her absence, the vice chairman of the combined plan commission and zoning board of appeals, or in his or her absence, an acting chairman appointed, for the meeting, by the members of the board, shall have the power to administer oaths and compel by subpoena the attendance and testimony of witnesses and the production of books and papers.
      3.   Minutes And Records: The combined plan commission and 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 or regulation, every appearance, variation and every recommendation, order, requirement, decision or determination of the combined plan commission and zoning board of appeals shall be filed immediately in the office of the city clerk and shall be a public record. Where required by this code, findings of fact shall be included in the minutes of each case and the reasons for the granting or denial of each application shall be specified.
      4.   Hearings Open To Public: All hearings shall be open to the public.
      5.   Minutes Open To Public: The minutes of the board shall be open to public examination at reasonable hours.
      6.   Rules And Procedures: The combined plan commission and zoning board of appeals shall adopt its own rules and procedures, not in conflict with this section or with applicable Illinois statutes, and may require the submission of such records, plats and other information necessary to make its determinations. A copy of said rules and procedures, and all recommendations thereto shall be filed in the office of the city clerk. (Ord. 2007-16, 3-26-2007; amd. Ord. 2024-26, 6-10-2024)

2-1-4: COMPENSATION:

   A.   Each of the members of the board shall be paid compensation in the amount of fifty dollars ($50.00) for each regular meeting, adjourned regular meeting, special meeting, and adjourned special meeting, which the member attends. Payment of this compensation shall be made at the conclusion of the fiscal year of the city which occurs on April 30, unless the city council shall, by resolution adopted, determine to pay the members of the board at more frequent intervals, and the city treasurer is authorized and directed to pay such compensation to each member of the board.
   B.   The secretary of the board shall keep an accurate record of the attendance and shall submit such record to the city treasurer on or before April 30 of each year. (Ord. 2007-16, 3-26-2007)

2-1-5: JURISDICTION AND AUTHORITY:

The combined plan commission and zoning board of appeals shall have the following powers:
   A.   To prepare and recommend to the corporate authorities a comprehensive plan for the present and future development or redevelopment of the 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 municipality. This plan may include reasonable requirements with reference to streets, alleys, public grounds and other improvements hereinafter specified. The plan, as recommended by the plan commission and as thereafter adopted in this municipality in this state, may be made applicable, by the terms thereof, to land situated within the corporate limits and contiguous territory not more than one and one-half (11/2) miles beyond the corporate limits and not included in any municipality. Such plan may be implemented by ordinances:
      1.   Establishing 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;
      2.   Establishing 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, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment; and
      3.   May designate land suitable for annexation to the municipality and the recommended zoning classification for such land upon annexation.
   B.   To recommend changes, from time to time, in the official comprehensive plan.
   C.   To prepare and recommend to the corporate authorities, from time to time, plans for specific improvements in pursuance of the official comprehensive plan.
   D.   To give aid to the municipal officials charged with the direction of projects for improvements embraced within the official plan, to further the making of these projects and generally, to promote the realization of the official comprehensive plan.
   E.   To exercise such other powers germane to the powers granted by this chapter as may be conferred by the corporate authorities.
   F.   To hear and decide all matters upon which it is required to pass under all of the provisions of this code, including, specifically, but not by way of limitation, all zoning matters and subdivision matters upon which it is required to pass, including, in general, amendments to this code, and including, specifically, amendments to the zoning ordinance of the city and the zoning map.
   G.   For purposes of implementing ordinances regarding developer donations or impact fees, and specifically for expenditures thereof, "school grounds" is defined as including land or site improvements, which include school buildings or other infrastructure necessitated and specifically and uniquely attributable to the development or subdivision in question.
   H.   To hear and decide appeals from any order, requirement, decision or determination made by the building and zoning administrator/inspector under the zoning title.
   I.   To hear and pass upon applications for variations from the terms provided in the zoning title in the manner prescribed by, and subject to, the standards established therein.
   J.   To hear and decide all matters referred to it and upon which it is required to pass under the zoning title or any other title of this code, and/or as prescribed by the Illinois municipal code or any other statute. (Ord. 2007-16, 3-26-2007)

2-1-6: EFFECT OF BOARD DECISIONS:

All decisions and findings of the combined plan commission and zoning board of appeals, whether on appeal, upon application for a variation or a special use, or for an amendment to the zoning ordinance text or map, after such hearings as may be required by law, shall be recommendations only to the city council. The city council shall, in all instances, make the final determination, which shall be subject to review as by law may be provided. All variations shall be implemented by the city council by the adoption of ordinances. (Ord. 2007-16, 3-26-2007)

2-1-7: EXPENSES:

Expenses incurred by the combined plan commission and zoning board of appeals are to be itemized and shall be borne by the city. (Ord. 2007-16, 3-26-2007)

2-1-8: REFERENCE TO TERMS:

Wherever in this code reference is made to the "plan commission", "planning commission", "zoning board of appeals" or the "board of appeals", said terms shall mean the "combined plan commission and zoning board of appeals" established pursuant to the terms and provisions of this chapter. (Ord. 2007-16, 3-26-2007)

2-3-1: COMMISSION CREATED, MEMBERSHIP:

There is hereby created a board of fire and police commissioners consisting of three (3) members. They shall be officers of the municipality as provided by statute 1 . (Ord. 1976-1)

2-3-2: APPOINTMENT, TERMS OF OFFICE, REMOVALS:

The board of fire and police commissioners shall be appointed by the mayor of the city, with the consent of the city council. The terms of office of the members of the board of fire and police commissioners shall be three (3) years and until their respective successors shall be appointed and qualified; provided, that no such appointments shall be made by any mayor within thirty (30) days before the expiration of his term of office; and provided further, that the mayor shall appoint the first members of such board, one of whom is appointed to serve until the end of the current municipal year in which such appointment is made, another shall serve until the end of the municipal year next ensuing, and the third shall serve until the end of the municipal year second next ensuing; provided, that each of the first members of the board shall serve until his successor is appointed and qualified.
The members of the board of fire and police commissioners shall be subject to removal from office in the same manner as other officers of the city. (Ord. 1976-1)

2-3-3: QUALIFICATIONS, OATH AND BOND:

The members of the board of fire and police commissioners shall have such qualifications as are now or may hereafter be required of them by law. Each member of the board shall take oath or affirmation of office and shall execute and deliver to the city a bond in the sum of one thousand dollars ($1,000.00) with such sureties as the mayor and city council shall approve, conditioned for the faithful performance of the duties of his office. (Ord. 1976-1)

2-3-4: POWERS AND DUTIES:

The board of fire and police commissioners shall have such powers and duties as are now or may hereafter be given to it by law; provided, however, that the chief of the fire department and the chief of the police department shall be appointed by the mayor, with the advice and consent of the city council, and may be removed or discharged by the appointing authority as is now or may hereafter be provided by 65 Illinois Compiled Statutes 5/10-2.1-4 and 5/2.1-17. (Ord. 1976-1; amd. Ord. 1981-16, 11-23-1981)

2-3-5: COMPENSATION:

The members of the board of fire and police commissioners shall serve with such compensation as the corporate authorities may determine and provide by ordinance, where compensation shall be as follows: (Ord. 1976-1)
   A.   The chairman of the board of fire and police commissioners shall be paid compensation in the amount of two thousand dollars ($2,000.00) per year for each year of service. The remaining two (2) members of the board of fire and police commissioners shall be paid compensation in the amount of two thousand dollars ($2,000.00) per year for each year of service. Such compensation shall be effective May 1, 2005. (Ord. 1995-8, 4-24-1995; amd. Ord. 2001-4, 4-23-2001; Ord. 2005-17, 3-28-2005)
   B.   Payment of this compensation shall be made at the conclusion of the fiscal year of the city which occurs on April 30 and the city treasurer is authorized and directed to pay such compensation to each member of the board, commencing with the end of the fiscal year to occur on April 30, 1976.
   C.   In the event that any board member shall not serve for any full fiscal year, payment shall be prorated for the number of months which such member shall have served. Further, any appointee to the board who shall serve for less than a full fiscal year shall receive payment at the end of the city's fiscal year for the number of months actually served. (Ord. 1975-11)

2-4-1: BOARD CREATED:

A Board of five (5) members, a majority of whom shall be residents of the City to be chosen as hereinafter provided, shall be and constitute a Board of Trustees to provide for the disbursement of the Police Pension Fund and designate the beneficiaries thereof as directed in Section 9-1-1 of this Code, which Board shall be known as the "Board of Trustees of the Police Pension Fund of the City of Plano". (Ord. 1974-1, eff. 1-1-74)

2-4-2: MEMBERS APPOINTED AND ELECTED, TERMS OF OFFICE:

Two (2) of said Board shall be appointed by the Mayor of the City, with the advice and consent of the City Council; one of said members shall serve from the date of appointment until April 30, 1975; the other of said members shall serve from the date of appointment until April 30, 1976; the successors to the foregoing Trustees shall serve for a period of two (2) years or until such time as their successors are appointed and qualified. The third and fourth members of the Board shall be elected from the regular police force by the active members. The fifth member shall be elected from the beneficiaries by such beneficiaries. The members to be elected shall be elected for a period from the date of election until April 30 and for two (2) year terms thereafter. (Ord. 1974-1, eff. 1-1-74; 1989 Code)

2-4-3: ORGANIZATION:

   A.   Officers: At the first meeting of the Board, it shall elect one of its members who shall act as the president thereof for the period of one year or until such time as his successor is elected and qualified. Said Board on the same day, also shall elect another of its members as secretary and another as vice president, both of whom shall serve for a period of one year or until such time as their successors are elected and qualified. (Ord. 1974-1, eff. 1-1-74)
   B.   Meetings: The Board herein provided for shall hold quarterly meetings on the second Tuesday of May, August, November and February of each year and special meetings upon the call of the president of said Board. (Ord. 1974-1, eff. 1-1-74; 1989 Code)

2-4-4: POWERS:

In addition to the other powers granted in Section 9-1-1 of this City Code, the following further powers and authority are hereby conferred upon the Board:
   A.   The exclusive control and management of the Police Pension Fund and of all moneys donated, paid or assessed for the relief or pensioning of disabled, superannuated and retired members of the Police Department, their widows, minor children and dependent parents. All such moneys shall be placed by the City Treasurer to the credit of the Fund subject to the order of the Board.
   B.   To draw such Pension Funds from the Treasury and invest such Funds, or any part thereof, in the name of the Board of Trustees of the Police Pension Fund, in interest-bearing bonds or tax anticipation warrants of the United States, or the State of Illinois, or any county of this State, or of any township or municipal corporation of the State of Illinois, and in insured shares of Federal chartered savings and loan associations if the shares are insured by the Federal Savings and Loan Insurance Corporation. All securities shall be deposited with the Treasurer of the City and shall be subject to the order of the Board. The interest received from any such investment, shall be credited to the account of the Pension Fund.
   C.   To appoint a clerk and define his duties; provided, however, that no person drawing a pension under Section 9-1-1 of this Code be employed by the Board as a clerk.
   D.   To provide for the payment from the Fund of all necessary expenses including clerk hire, attorney's fees, printing and witness fees; provided, that no compensation shall be paid to any member of the Board for any duty required or performed under this Chapter.
   E.   To make all necessary rules and regulations for its guidance in conformity with the provisions of the Police Pension Fund regulations.
   F.   To do any and all other acts required under the provisions of chapter 1081/2, paragraphs 3-101 through 3-149 of "Policemen's Pension Fund-Municipalities 500,000 and Under", Illinois Revised Statutes, as amended in 1963. (Ord. 1974-1, eff. 1-1-74)