(a)

Establishment: A planning and zoning commission (known as the PZC in this chapter) is hereby authorized to be established consistent with the terms and provisions set forth in this section.

(b)

Membership: The PZC shall consist of seven members, who shall be appointed by the mayor of the city, by and with the consent of the city council of the city. Members of the PZC shall reside within the city or within territory contiguous to the city and not more than one and one-half miles beyond the corporate limits of the city and not included within any other municipality.

(c)

Appointment: One of the members of the PZC shall be designated by the mayor of city, with the consent of the city council, as chairman. Such chairman, or in his absence, the acting chairman is hereby empowered to administer oaths, and to compel the attendance of witnesses at hearings conducted by the PZC. The mayor of the city shall have the power to remove any member of the PZC for cause, but only after a public hearing. Vacancies upon the PZC shall be filled for the unexpired term of the member whose place has become vacant, in the manner provided in this section for the appointment of such member.

(d)

Terms: Members of the PZC shall serve, respectively, for the following terms, or, until their respective successors are appointed and have qualified for office: one member for one year and one member for two years; one member for three years; one member for four years; one member for five years; one member for six years; and one member for seven years, the successor to each member so appointed to serve for a term of five years.

(e)

Meetings and rules:

(1)

All meetings of the PZC shall be held at the call of the chairman and at such other times as determined by the city.

(2)

All hearings conducted shall be open to the public. Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney.

(3)

The chairman may administer oaths and request the attendance of witnesses.

(4)

Minutes shall be kept of 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.

(5)

Every rule and regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the PZC shall be filed immediately in the zoning office and shall be a public record.

(6)

The PZC may adopt its own rules and procedure not in conflict with this chapter or with the applicable Illinois Revised Statutes, a copy of which shall be filed in the zoning office.

(f)

PZC powers and duties: The PZC is hereby vested with the following jurisdiction and authority:

(1)

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

(2)

Prepare and recommend a comprehensive plan. To make and adopt a comprehensive plan for the physical development of the municipality.

(3)

Prepare and recommend a zoning district plan and regulations. To prepare and recommend a zoning district plan and regulations to the city council.

(4)

Prepare and recommend land division regulations. To prepare and recommend land division regulations to the city council.

(5)

Hear and determine appropriateness of building site and operation plan applications. To recommend approval, denial, or conditioned approval for building site and operation plans to the city council.

(6)

Matters referred to the PZC. To consider and report or recommend on all matters referred to them including, but not limited to, special use permits.

(7)

Determination of use. The PZC shall make a determination for all uses that are not specifically classified as permitted by right, as accessory to a permitted primary use, or permitted by special use.

(8)

Hold public hearings and informational meetings. To hold public hearings and informational meeting on matters referred to the PZC.

(9)

Employment of experts. To employ experts and staff and to pay for their services, supplies, equipment, and other such expenses as may be necessary and proper, not to exceed the appropriations and regulations as may be made by the city council from time to time.

(10)

Reports and recommendations. To make reports and recommendations relating to the planning and development of the municipality to public officials, agencies, utilities, and other organizations and citizens.

(11)

Request available information. To request available information from any public official to be furnished within a reasonable time

(12)

The PZC may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the PZC may decide to be fitting and proper in the premises, and to that end, the PZC shall also have all the powers of the officer from whom the appeals are taken.

(13)

The PZC with final decision by the city council shall determine and may vary the regulations of this chapter in harmony with its general purpose and intent, only in specific instances where the PZC makes a finding of fact, based upon the standards prescribed in this division, that there are practical difficulties in carrying out the strict letter of the regulations of this chapter and that the granting of a variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable difficulty.

(g)

Additional powers and duties. The PZC shall have all additional powers and duties granted or assigned by the city council or by city ordinances and State Statutes. All the powers and duties granted or assigned by the Illinois Statutes to PZC and any amendments thereto are hereby granted or assigned to the PZC and such statutes are hereby adopted by reference.

(h)

Actions of PZC prohibited. The PZC shall not:

(1)

Amend the text of this Code, or zoning map, in place of action by the city council.

(i)

Reserved.

(j)

Reserved.

(k)

PZC submittals. Application to the PZC shall be made to the zoning administrator on forms prescribed by the city. Such forms shall include information necessary for the PZC to act upon the petition (maps, drawings, topography, structures, narratives, etc.) along with a fee in an amount as determined by the city council from time to time.

(l)

PZC meeting action. The PZC shall act on a petition at the next available meeting after a petition has been submitted and deemed by the zoning administrator as ready and complete. The PZC shall review and act on petitions as described in this chapter depending on what type of petition comes before the commission.

(m)

Variation(s). The PZC shall hold a public hearing on an application for a variation within 45 days of the date when the application was filed (unless tabled). Notice of a public hearing shall be given not less than 15 days, nor more than 30 days, prior to the date of the hearing by publication in a newspaper of general circulation within the city, and by notifying the record title owners of adjacent property by U.S. mail, at the address from the latest adopted tax rolls. Failure to make such notice by U.S. mail shall not invalidate the proceedings.

At a public hearing the PZC shall review the application, statements and drawings submitted therewith and shall receive pertinent evidence concerning the variation, particularly with respect to the findings in subsection (2) below.

(1)

Within 45 days after the close of the public hearing on a proposed variation, the PZC shall make a written finding of fact and submit its recommendation to the city council.

(2)

For the PZC to make an affirmative recommendation on any proposed variation, it must find that each of the following items are met:

a.

Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter.

b.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zoning district.

c.

Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of the other properties classified in the same zoning district.

d.

The granting of the variation will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

e.

The granting of the variation will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

f.

The PZC shall also take into consideration the following LaSalle/Sinclair factors:

1.

The existing land uses and zoning of the nearby property.

2.

The extent to which property values are diminished by the restrictions of the ordinance.

3.

The extent to which the ordinance promotes the health, safety, morals or general welfare of the public.

4.

The relative gain to the public as compared to the hardship imposed on the individual property owner.

5.

The suitability of the subject property for the zoned purposes.

6.

The length of time the property has been vacant as zoned, considered in the context of land development in the vicinity of the subject property.

7.

The community's need for more of the proposed use.

8.

The care with which the community has planned its land use development.

(3)

If the PZC gives a negative recommendation the city council shall require a two-thirds vote of those holding office to approve a variation.

(4)

If the PZC fails to act within 45 days of the public hearing, the variation shall be deemed a denial. The zoning administrator shall forward the PZC's decision and records to the city council within ten days after action or within 55 days from the date of public hearing if no action has been taken by the PZC.

(5)

A variation shall be authorized by the city council by ordinance within 45 days, upon receipt of the PZC' decision. The city council may affirm, reverse or modify a decision of the PZC on a variation application, provided that if a decision granting a variation is modified, the city council on the basis of the record transmitted by the zoning administrator and such additional evidence as may be submitted, shall make findings of fact that establish that the circumstances prerequisite to the granting of a variation prescribed in section (m)2 above.

(6)

A variation shall lapse and shall become void one year following the date on which the variation became effective unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variation application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variation application, or the site is occupied if no building permit or certificate of occupancy is required.

(7)

A variation may be renewed for an additional period of one year, provided that prior to the expiration of one year from the date when the variation originally became effective, an application for renewal of the variation is made to the PZC.

(8)

The PZC may grant or deny an application for renewal of a variation.

(9)

The same procedures for a new variance shall apply to an application for renewal of a variation.

(o)

Voting of the PZC. The concurring vote of four members of the PZC shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render decisions. All final administrative decisions of the PZC shall be subject to judicial review pursuant to the provisions of the Administrative Review Act, Illinois Compiled Statutes, as amended.

(p)

Re-applications:

(1)

No application for a variation or PUD which has been denied wholly or partly by the PZC or city council shall be resubmitted for a period of one year from date of such denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the PZC.

(2)

An application for any other matter which has been denied wholly or partly by the PZC may be resubmitted at any time.

(q)

Compensation. The members of the PZC shall serve without salary.

(Ord. of 5-6-2024; Ord. No. 2809, § 3, 8-5-2024)