A.

Appointment and Terms of Planning Commission Members.

1.

Per Illinois Compiled Statutes (65 ILCS 5/11-12-4) there shall be a planning commission consisting of seven members referred to as the planning commission. Members shall be appointed by the mayor subject to confirmation by the city council. Members shall reside within the city or within the city's extraterritorial planning area.

2.

Planning commission members shall be appointed for four-year staggered terms, but members may continue to serve until their successors have been appointed. Initially, four members shall be appointed for four-year terms, and three members shall be appointed for two-year terms. Upon the removal or written resignation of a member, a vacancy may be filled for the unexpired term only.

3.

Members may be appointed to successive terms without limitation.

4.

Planning commission members may be removed by the council at any time for failure to attend three consecutive meetings or for failure to attend thirty (30) percent or more of the meetings within any twelve (12) month period or for any other good cause related to performance of duties. Upon request of the member proposed for removal the council shall hold a hearing on the removal before it becomes effective.

5.

If a member moves outside the city or the extraterritorial planning area that shall constitute a resignation from the planning commission effective upon the date a replacement is appointed by the council.

The city attorney and the administrator shall serve as ex-official members of the planning commission.

B.

Meetings of the Planning Commission.

1.

The planning commission shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with Section 17.16.230 (applications to be processed expeditiously).

2.

Since the planning commission has only advisory authority, it need not conduct its meetings strictly per the quasi-judicial procedures set forth in Chapters 17.16, 17.20, and 17.24 except when considering special use permits. However, it shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas. The planning commission is subject to the provisions of the state Open Meetings Act.

3.

Minutes shall be kept of all planning commission proceedings.

4.

All planning commission meetings shall be open to the public. The agenda for each board meeting shall be made available in advance of the meeting.

5.

Whenever the planning commission is called upon to make recommendations concerning a street or alley vacation request, special permit request, or a zoning amendment proposal, the administrator shall notify all property owners or residents within two hundred fifty (250) feet of the property subject to the request. The staff shall exercise due diligence to notify the property owners and residents within two hundred fifty (250) feet, based on the accuracy of records available to the city at time of request. Notice shall also be published at least once, not more than thirty (30) or less than fifteen (15) days before the meeting in one or more newspapers published within the city or the extraterritorial planning area, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the city. This notice shall contain the particular location of the request as well as a brief statement of the proposed change. Whenever planning commission discussion or consideration of a request is continued to a subsequent meeting, no further notice shall be required.

C.

Quorum and Voting.

1.

A quorum for the planning commission shall consist of a majority of the commission membership (excluding vacant seats). A quorum is necessary for the commission to take official action.

2.

All actions of the planning commission shall be taken by majority vote, a quorum being present. Within the first six months upon adoption of the ordinance codified in this title all actions shall be taken by a vote of at least two-thirds, a quorum being present.

3.

A roll call vote shall be taken upon the request of any member.

D.

Planning Commission Officers.

1.

At its first meeting following the adoption of the ordinance codified in this title, if not previously elected, the planning commission shall, by majority vote of its membership (excluding vacant seats) elect one of its members to serve as chairman and preside over the commission's meetings and one member to serve as vice-chairman. The people so designated shall serve in these capacities for terms of two years. Vacancies in these offices may be filled for the unexpired terms only by majority vote of the board membership (excluding vacant seats).

2.

The chairman and vice-chairman may take part in all deliberations, make motions, and vote on all issues.

E.

Powers and Duties of Planning Commission.

1.

The planning commission may:

a.

Make studies and recommend to the council plans, goals, and objectives relating to the growth, development, and redevelopment of the city and the surrounding extraterritorial planning area.

b.

Develop and recommend to the council policies, titles, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.

c.

Make recommendations to the council concerning proposed special permits and proposed amendments to this title including changes in the official map, as provided by Section 17.16.080 and Chapter 17.60, respectively.

d.

Perform any other related duties assigned by the council.

2.

The planning commission may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this title.

F.

Advisory Committees.

1.

From time to time, the council may appoint one or more individuals to help the planning commission carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the council may appoint advisory committees to consider the street plan, bikeway plans, housing plans, economic development plans, etc.

2.

Members of such advisory committees shall sit as nonvoting members of the planning commission when such issues are being considered and lend their talents, energies, and expertise to the planning commission. However, all formal recommendations to the council shall be made by the planning commission.

3.

Nothing in this section shall prevent the council from establishing independent advisory groups, committees, or commissions to make recommendations on any issue directly to the council. However, any such recommendation, the adoption of which would require a public hearing before the planning commission under this title, shall be subject to the hearing procedures in Chapter 17.20.

(Ord. 2004/05-17 § 1 (part))

A.

Appointment and Terms of Board of Zoning Appeals.

1.

There shall be a board of zoning appeals consisting of seven members per 65 ILCS 5/11-13-3. Members shall be appointed by the mayor subject to confirmation by the council, and shall reside within the city, or within the city's extraterritorial planning area. The mayor shall appoint the chairman subject to confirmation by the council.

2.

Board of zoning appeals members shall be appointed for five-year staggered terms, but members may continue to serve until their successors have been appointed. Initially, members shall be appointed as follows: one member to a one-year term, one to a two-year term, one to a three-year term, one to a four-year term, one to a five-year term, one to a six-year term, and one to a seven-year term. Upon removal as provided by law or written resignation by a member, a vacancy may be filled for the unexpired term only.

3.

Members may be reappointed to successive terms without limitation.

Board of zoning appeals members may be removed for cause by the mayor subject to confirmation by the council after a public hearing.

4.

If a member moves outside the city or if the extraterritorial area, that shall constitute a resignation from the board, effective upon the date a replacement is appointed.

B.

Meetings of the Board of Zoning Appeals.

1.

The board of zoning appeals shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with Section 17.16.180 (applications to be processed expeditiously).

2.

The board shall conduct its meetings per the quasi-judicial procedures in Chapters 17.16, 17.20 and 17.24.

3.

All meetings of the board shall be open to the public, and whenever feasible the agenda for each board meeting shall be made available in advance of the meeting.

C.

Quorum.

1.

A quorum for the board of zoning appeals shall consist of a majority of its members (including vacant seats). A quorum is necessary for the board to take official action.

2.

A member who has withdrawn from the meeting without being excused as provided in subsection D of this section shall be counted as present for purposes of determining whether a quorum is present.

D.

Voting.

1.

The concurring vote of four members (regardless of vacant seats or absences) shall be necessary to reverse any order, requirement, decision, or determination of the administrator or building official or to decide in favor of the applicant any matter upon which it is required to pass under any title or to grant any variance. All other actions of the board shall be taken by majority vote, a quorum being present.

2.

A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

a.

If the member has a direct financial interest in the outcome of the matter at issue;

b.

If the matter at issue involves the member's own official conduct;

c.

If participation in the matter might violate the letter or spirit of a member's code of professional responsibility;

d.

If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest;

e.

A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting;

f.

A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected;

g.

A roll call vote shall be taken upon the request of any member.

E.

Board of Zoning Appeals Officers.

1.

At its first regular meeting of each year, the board of zoning appeals shall, by majority vote of its membership (excluding vacant seats) elect one of its members to serve as chairman and preside over the board's meetings and one member to serve as vice-chairman. The persons so designated shall serve in these capacities for terms of one year. By a majority vote of board membership vacancies may be filled for the unexpired terms only (excluding vacant seats).

2.

The chairman or any member temporarily acting as chairman may administer oaths to witnesses coming before the board.

3.

The chairman and vice-chairman may take part in all deliberations and vote on all issues.

F.

Powers and Duties of Board of Zoning Appeals.

1.

The board of zoning appeals shall hear and decide:

a.

Appeals from any order, decision, requirement, or interpretation made by the administrator and/or building official, as provided in Section 17.18.010;

b.

Applications for variances, as provided in Section 17.18.020;

c.

Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines, as provided in Section 17.18.030;

d.

Any other matter the board is required to act upon by other city title.

2.

The board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this title.

(Ord. 2004/05-17 § 1 (part))

A.

Building Official. The city manager may, except as otherwise specifically provided, assign primary responsibility for administering and enforcing this title to one or more individuals. The person or persons to whom these functions are assigned shall be referred to in this title as the "building official."

B.

Administrator. The administrator is the administrative head of the city's zoning and planning function and shall be the city manager or his or her designee. The administrator shall oversee the administration of this title.

(Ord. 2004/05-17 § 1 (part))

A.

The city council, in considering special permit applications, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in Chapter 17.16 of this title.

B.

In considering proposed changes in the text of this title or in the official map, the council acts in its legislative capacity and must proceed per the requirements of Chapter 17.60.

C.

Unless otherwise specifically provided in this title, in acting upon special permit requests or in considering amendments to this title or the zoning map, the council shall follow the regular, voting, and other requirements as set forth in other provisions of this Streator Municipal Code or general law. Within the first six months after the date this title is adopted, a two-thirds vote or more of the city council is required to amend this title or the official map. Thereafter all amendments shall be made by simple majority vote.

(Ord. 2004/05-17 § 1 (part))