(Rep. by Ord. 2025-06, 9-9-2025)

   There is hereby created a planning commission for the village which shall consist of a chairman and six (6) other members. The village president shall be an ex officio member of the planning commission. The seven (7) members shall be appointed by the village president with the consent of the majority of the elected members of the village board of trustees. Members of the planning commission shall reside within the corporate limits of the village of Waterman or within territory contiguous to the village and not more than one and one-half (1 1/2) miles beyond the corporate limits of the village and not included within any other municipality. Membership on the planning commission, board of appeals shall not preclude membership on any of the other above referenced commissions or boards.

   A.   The village president's term as ex officio member of the planning commission shall be concurrent with his term of office as village president. The members of the planning commission shall serve as follows: for the initial appointments, 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. Successors to each member so appointed shall serve for a term of five (5) years.

   B.   The original appointment shall designate the term of office of each person so appointed. The terms of all officers expire on the first Monday in May in the last year of their respective terms, regardless of the actual date of appointment, but the member whose term is expiring shall continue to hold his office until his successor is appointed as provided for herein. Vacancies shall only be filled by appointments for unexpired terms only. (Ord. 2006-15, 11-14-2006)

   A.   Compensation: All members of the planning commission shall serve without compensation; except, that if the board of trustees deems it advisable, the members of the planning commission may receive such compensation as may be fixed from time to time by said board and provided for in the appropriation ordinance.

   B.   Expenses: All expenses incurred by the planning commission shall be provided for by annual appropriation from the village funds at the discretion of the village board of trustees. (Ord. 2006-15, 11-14-2006)

   Immediately following their appointment, the members of the planning commission shall meet, organize, elect a chairman, vice chairman and a secretary and such other officers as they may deem necessary and adopt and later change or alter rules and regulations, organization and procedures consistent with the provisions of this chapter and state laws. The commission shall keep written records of its proceedings, which shall be open at all times to public inspection. The rules and regulations of the planning commission shall be filed in the office of the village clerk and may be amended at any meeting. The rules are effective upon filing in the office of the village clerk.

(Ord. 2006-15, 11-14-2006; amd. Ord. 2025-06, 9-9-2025)

   The planning commission/board of appeals may provide for regular or special meetings as it shall deem necessary. Special meetings may be held on call of the chairman or some member of the planning commission/board of appeals acting in his stead. The chairman or some member of the planning commission acting in his stead shall also be responsible for calling any public hearings required to be held before the planning commission, and shall call any such public hearing within the time frames required by applicable law.

(Ord. 2006-15, 11-14-2006)

The planning commission shall have the following powers and duties:

   A.   To prepare and recommend to the board of trustees a comprehensive plan of public improvements looking to the present and future improvements of the village. Such plan, after adoption by the board of trustees, will be known as the "comprehensive plan for the village of Waterman". Such plan shall include reasonable requirements in reference to streets, alleys and public grounds within the corporate limits and in contiguous territory outside of and distant not more than one and one-half (11/2) miles from such limits and not included in any municipality. Such requirements shall be effective whenever such lands shall be subdivided after adoption of such plan.

   B.   To recommend from time to time changes in any comprehensive plan adopted by the board of trustees.

   C.   To prepare and recommend to the board of trustees from time to time plans and specific improvements in pursuance of such comprehensive plan.

   D.   To give aid to the officials of the village charged with the direction of improvements embraced within the comprehensive plan and to further the making of such comprehensive plan.

   E.   To arrange and conduct any form of publicity relative to its activities for general purposes of public understanding.

   F.   To hold public hearings on applications for amendments to the zoning regulations. The commission shall not have the authority to make changes or amendments to the zoning regulations; it shall act in a purely advisory manner to the village board, making its recommendations in all cases referred to it and transmitting them to the board for final action.

   G.   To hold public hearings on applications for special use permits provided for within the zoning regulations and to transmit its recommended action to the village board for final action.

   H.   To hold public hearing on variance applications in cases where there are practical difficulties or particular hardships and to transmit its recommended action to the village board for final action.

      1.   A completed application form must be filled out and presented to the Zoning Administrator, along with a plat of survey showing the location and dimensions of the property lines, along with a plat of survey showing the location and dimensions of the property lines, easements and buildings on the property, a legal description, the location and dimensions of the proposed use or construction, any other support documentation that may be required by the Zoning Administrator.

      2.   When the application is completed and accepted, a public hearing will be scheduled and all property owners adjacent to the property will receive notification from the Village summarizing the requested variation and invite them to attend the public hearing.

      3.   The public hearing will include "Findings of Fact." Before any variation is granted, the planning commission/zoning board of appeals must make a findings of fact considering the following factors:

         a.   The existing uses and zoning of nearby property;

         b.   The extent to which the property values are diminished by a zoning restriction;

         c.   The extent to which the destruction of property values promotes the health, safety, morals, or general welfare of the public;

         d.   The relative gain to the public as compared to the hardship imposed upon the individual property owner;

         e.   The suitability of the subject property for the zoning purposes;

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

         g.   The evidence of community need for the use proposed; and

         h.   The care with which the community has undertaken to plan its land use development.

      4.   Fee: In order to partially defray the expense of public hearings involving variations, the applicant shall pay the sum of three hundred dollars ($300.00) to the village treasurer at the time of filing the appeal for the variance 1. (Ord. 2004-05, 4-13-2004)

   I.   To exercise such other powers as may be provided by statute or ordinance.

(Ord. 2006-15, 11-14-2006; amd. Ord. 2025-06, 9-9-2025)

(Ord. 2025-06, 9-9-2025)

   A.   Membership: The village mayor, with the advice and consent of the board of trustees, may appoint up to seven (7) persons to serve on the village of Waterman park committee. The park committee may be comprised of elected or unelected representatives of the village, as recommended by the mayor with the consent of the board of trustees. Members of the committee shall live within the corporate limits of the village. The village mayor shall be an ex officio member of the park committee, with the right to attend any portion of the park committee meeting.

   B.   Authority: The park committee shall be an advisory body serving under the direction and supervision of the village mayor and the buildings and grounds standing committee. The park committee shall have the ability to make recommendations to the buildings and grounds committee, and to the village board of trustees, regarding the village's park facilities and their use, maintenance, repair or upgrading. The park committee may designate one or more representatives who shall report to the village board of trustees at each regular meeting thereof.

The mayor shall, in cooperation with the village clerk, have oversight over the park on a daily basis. Provided that the park is operated pursuant to established policies of the village and not contrary to any lease or agreement pertaining to the park in effect at the time, the mayor and clerk may license the use of portions of the park to persons for periods of time not in excess of two (2) days at a time. Any other form of license, including for a longer duration, shall require review and approval by the corporate authorities of the village. The mayor may, at his or her discretion, designate one or more persons responsible for inspecting the park facilities both before and after the time a licensee uses the park to verify the condition of the facilities before and after such use and to identify any damage caused by any licensee. Any such damage shall be reported to the mayor and the clerk immediately upon such discovery.

   C.   Financial Authority: Expenses of the park committee, and expenses pertaining to the village's parks, shall be budgeted and appropriated through the buildings and grounds committee. For any expense under two hundred dollars ($200.00) which has been budgeted and appropriated by the village, the chairperson of the park committee may apply directly to the village clerk for payment of such expense. For any expense which has not been budgeted and appropriated, or for any expense in excess of two hundred dollars ($200.00), the park committee chairperson shall apply to the buildings and grounds committee for approval of the expense, and the buildings and grounds committee shall determine whether such expense requires the approval of the corporate authorities of the village. The park committee shall have no authority to incur any debt or obligation on behalf of the village, except with the preapproval of such debt or obligation, in compliance with this subsection.

   D.   Limitation Of Authority: The park committee shall not, without further ordinance or resolution, have the authority to bind the village or the corporate authorities of the village. Any action which requires approval by the board of trustees or corporate authorities of the village may only be approved by such board or authority at a meeting thereof, unless the village shall adopt such further ordinance or resolution which delegates to any committee any discrete power.

   E.   Laws And Regulations Applicable: The park committee shall be treated as a committee of the village and shall be subject to all applicable laws and regulations, including, but not limited to, the open meetings act.

   F.   Committee Chair And Secretary: The village mayor shall designate, from the ranks of the park committee, a person to serve as committee chair; said committee chair shall designate a person to serve as secretary. The committee chair shall be responsible for the orderly and professional conduct of committee meetings and for ensuring that all notices pertaining to such meetings are properly served and/or posted, and the secretary shall be responsible for keeping such minutes of such meetings as shall be required under applicable law.

   G.   No Compensation Due: There shall be no compensation due to any person for serving on the village park committee. (Ord. 2013-01, 3-12-2013)