Loading...
HomeMy WebLinkAboutOrd 2411 03/20/1973 ,.-If.. "~""""':or ~ " ..~: . , r, ORDINANCE NO. 2411 AN ORDINANCE CREATING A PLANNING COMMISSION FOR THE VILLAGE OF MOUNT PROSPECT WHEREAS, the corporate authorities of the Village of Mount Prospect have reorganized zoning procedures and appeals procedures by adopt- ing an entirely new Chapter 14 of the Municipal Code of Mount Pros- pect; and WHEREAS, pursuant to the concept of the aforesaid reorganization, it has been determined that the Village of Mount Prospect is in need of a commission whose sole responsibility is to maintain a plan for the entire community; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe the foregoing and the following to be in the best interests of the Village of Mount Prospect; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article IV of Chapter 5 of the Municipal Code of Mount Prospect of 1957, as amended, be and the same is hereby further amended in its entirety by substituting therefor a new Article IV creating a Planning Commission; so that hereafter the said Article IV of Chapter 5 shall be and read as follows: '''ARTICLE IV - PLANNING COMMISSION Section 5.401. Creation and Membership. There is hereby estab- lished a commission to be known as the Planning Commission of the Village of Mount Prospect, consisting of nine (9) voting members, all of whom shall be citizens of the Village of Mount Prospect. The members of the Planning Commission shall be ap- pointed by the President of the Board of Trustees with the con- sent of the members of the Board of Trustees. In addition, the President of the Village of Mount Prospect shall be an ex-officio member of the Planning Commission. A. When first appointed, the members of the Planning Commis- sion shall serve respectively for the following terms: Two for one year; two for two years; two for three years; and two for four years, or until their respective successors have been duly appointed and qualified. 1. Upon creation of the Planning Commission, a chairman shall be appointed for a term of five years, or until his successor has been duly appointed and qualified. 2. Hereafter, the successor of each member and the chair- man so appointed shall serve for a term of four years, or until his successor has been duly appointed and qualified. B. The Village President and the Board of Trustees shall have the power to remove any member of the Planning Commission, including its chairman, for cause after public hearing. --~-~~-,-~==~I&:""'''''''''''''-~''-''~- - " " C. Vacancies upon the Planning Commission shall be filled for the unexpired term of the member or the chairman whose seat has become vacant by appointment by the Vil- lage President with the consent of the Board of Trustees of the Village of Mount Prospect. Section 5.402. Organizatio~. A. The President and Board of Trustees of the Village of Mount Prospect may provide by Resolution for the com- pensation of the members and chairman of the Planning Commission. B. Immediately upon its creation, the Planning C6mmission shall select from its membership a vice chairman and a secretary. 1. The vice chairman shall serve as acting chairman whenever the chairman appointed by the Village President is absent from meetings and hearings. 2. The secretary shall oversee and shall be responsible for the record of proceedings and the minutes of the Planning Commission. (a) The secretary of the Planning Commission shall be responsible for filing the most current rules and procedure or bylaws of the Planning Commis- sion, the minutes of meetings, the record of hearings, and other documents and recommendations with the Village Clerk and copies thereof with the Director of Building and Zoning. (b) The secretary shall perform such other duties as may be assigned him from time to time by the Planning Commission. (c) The secretary may be given such clerical assis- tance as the Village Manager and/or the Board of Trustees of the Village of Mount Prospect may provide. C. The Planning Commission shall adopt rules for the conduct of its hearings and meetings, which rules shall not con- flict with this Article and which may include the creation of a committee authorized to conduct hearings at any time two or more members of the Planning Commission are present. 1. In the case of meetings, however, five members of the Planning Commission shall constitute a quorum to con- duct business. 2. For the purpose of determining quorum and vote at both meetings and hearings, the chairman shall be considered a member of the Planning Commission. Section 5.403. Purpose. In order that adequate guidance, direc- tion, control, and development of the Village of Mount Prospect shall be provided for, the Planning Commission hereinabove created - 2 - ---~"-'-.-'-'~'-~-----~O""""''''~~'=~''r.r_7='=71.=~E.7'"C:>=;=.';''''''''''=='''='''~'=^"",=~.'ll7I'::"~="""'""""""'-"~-^-'-_""'_''''''''''~'''''''''''-_''.'''''''"'''''''''''''-'~'",""''''~='='''''''''='==~=~''''.'<M,.",,,.,~,,__,=,,,~.==,..." ..,~...,,,,,~ shall: A. Develop a planning program; B. Recommend regulations, projects, and programs pertinent to the development, redevelopment, and renewal of the Village of Mount Prospect and such surrounding territory over which the Village of Mount Prospect exercises sub- division jurisdiction; C. Prepare and revise the official map as well as the Com- prehensive Village Plan; and Section 5.404. ~ea!inss and Meetings. A. All hearings and all meetings of the Planning Commission shall be open to the public and the records and minutes thereof shall be available for examination in the office of the Village Clerk during regular business hours. 1. At hearings and meetings of the Planning Commission any interested person, firm, or corporation may appear or may be represented by duly authorized agents or attorneys. 2. No testimony regarding the Comprehensive Plan or any amendments thereto shall be taken and no witnesses heard except at a properly convened hearing of the Planning Commission. B. Regular meetings of the Planning Commission shall be held in the Village Hall of the Village of Mount Prospect on the first (1st) and third (3rd) Wednesdays of each month at the hour of 7:30 o'clock P.M. during the months of November through April, and at the hour of 8:00 o'clock P.M. during the months of May through October. I. The Planning Commission shall keep minutes of its meetings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact. 2. The concurring vote of five members of the Planning Commission shall be necessary to make any recommendation to the President and Board of Trustees of the Village of Mount Prospect. C. All special meetings and all hearings of the Planning Commis- sion shall be held at the call of the chairman and at such other times as the said Planning Commission may determine by rule. I. All of the foregoing provisions regulating the conduct of regular meetings of the Planning Commission shall ap- ply to special meetings of the said Planning Commission. - 3 - ________~__,~,"~._,""".._...,...~~__ __.~",.,"......,.."~_~_~_~'"_.,...,.,..""""'"'."""'"""""'.7"'_"..,.~,,"'_,,.,~~_"'" /' 2. All testimony at hearings before the Planning Commis- sion shall be given under oath and a record of a court reporter maintained for each such hearing. Ca) The chairman, or in his absence, the vice chairman, shall administer or authorize the administration of oaths and may compel the attendance of witnesses. Cb) No vote upon any recommendation of the Planning Commission shall be had at any hearing, unless the said Planning Commission shall by rule provide that such hearing shall be deemed a meeting and the regu- lations concerning quorum and maintenance of minutes shall have been adhered to. Section 5.405. Jurisdiction. The Planning Commission shall have the following functions: A. To prepare, amend, and recommend to the President and Board of Trustees of the Village of Mount Prospect a Comprehensive Plan for the present and future development or redevelopment of the Village of Mount Prospect. 1. Such plan may be adopted in whole or in separate geographi- calor functional parts, each of which, when adopted, shall be the official Comprehensive Plan, or part thereof, of the Village of Mount Prospect. 2. This plan may include reasonable requirements with reference to streets, alleys, public grounds, and other public improve- ments. 3. The plan by its very terms, may be made applicable to land situated within the corporate limits of the Village of Mount Prospect and contiguous territory not more than one and one-half (1-1/2) miles beyond the corporate limits, but not included in the Village of Mount Prospect. 4. The plan may designate land suitable for annexation to the Village of Mount Prospect, along with recommended zoning classification for such land upon annexation. 5. Such plan shall be advisory and in and of itself shall not be construed to regulate or control the use of private pro- perty in any way, except as to such part of the said plan as has been implemented by ordinances duly enacted by the President and Board of Trustees of the Village of Mount Prospect. 6. Said official Comprehensive Plan and any ordinances im- plementing same shall be placed on file with the Village Clerk and shall be available at all times during regular business hours for public inspection. 7. Copies of said plan, all ordinances implementing same, and the official map, shall be available to all interested parties upon payment by said parties of the sum of One Dollar ($1.00) per page in order to reimburse the general fund of the Village of Mount Prospect for the cost of printing and distributing same. - 4 - "-'~'-"'"""""~''''''''~''"'''~'''-'~~~~~''=''~'''''''ir'''''.''',..,-,,""'~;:,,;.,.,,,.~rff"_=T''''''^~''''''''''.=!';''''':''''=-'''''''',,,,,",.r<''';r.-:---,,=.,,!_"""""~"'.,.-"'C"","~~__~__"__"'_______=__~."",",^"_","".=,,"..,..,,,,",,=.,,,~'.7""~=-""".''''''''''"",,,,,w__~_.~_ ./~ 8. No Comprehensive Plan or amendment thereto shall be adopted that has not been submitted to the Planning Commission. (a) Upon submission by the President and Board of Trustees of the Village of Mount Prospect of any suggested Comprehensive Plan, part thereof or amendment to an existing Comprehensive Plan to the Planning Commission for consideration and recommen- dation, the President and Board of Trustees of the Village of Mount Prospect may require a report thereon from the Planning Commission with its recom- mendation within ninety (90) days from the date of such submission. (b) If the Planning Commission shall fail to make such report within the said ninety (90) days, then the President and Board of Trustees of the Village of Mount Prospect may proceed to consider for adoption such Comprehensive Plan, or part thereof, or an amend- ment to an existing Comprehensive Plan, including arranging for and holding a public hearing thereon in accordance with the provisions hereinafter con- tained in the same manner as if the Planning Commission had made its recommendation. 9. After submission of the Comprehensive Plan by the Planning Commission, or the submission of a proposed amendment to an existing Comprehensive Plan, the President and Board of Trustees of the Village of Mount Prospect shall schedule a public hearing thereon to be held at a meeting of the said President and Board of Trustees of the Village of Mount Prospect. (a) Not less than fifteen (15) days' notice of the pro- posed hearing, and the time and date and place thereof, shall be given by publication ina newspaper of general circulation in the County of Cook, in which the Village of Mount Prospect and contiguous unincorporated areas is located. (b) The hearing shall be informal, but all persons desiring to be heard in support of or opposed to the Comprehensi, Plan or amendment shall be afforded such opportunity to be heard -- and may submit their statements orally and/or in writing. (c) The hearing may be recessed to another date if not concluded, provided notice of the time and place thereof is publically announced at the hearing at the time of such recess or notice is given by newspaper publication not less than five (5) days prior to the recessed hearing. 10. Within ninet)' (90) days after the conclusion of the final hearing, the President and Board of Trustees of the Village of Mount Prospect, after consideration of the recommendation of the Planning Commission of such information as shall have been derived from the hearing,shall either adopt the Compre- hensive Plan or amendment in whole or in part, or reject the - 5 - \ I ' ,f ~ entire Comprehensive Plan or amendment. (a) If adopted, the President and Board of Trustees of the Village of Mount Prospect shall enact ordinances to implement same, which ordinances may include the official map or maps of the Village of Mount Prospect. (b) In adopting an official Comprehensive Plan, except as herein otherwise provided, the President and Board of Trustees of the Village of Mount Prospect shall be subject to the same limitations as to subject matter as apply to the Planning Commission. (c) If, at the expiration of such ninety (90) days, the President and Board of Trustees of the Village of Mount Prospect have taken no formal action, the Com- prehensive Plan or amendment thereto may thereafter not be acted upon by the said President and Board of Trustees of the Village of Mount Prospect without again complying with the conditions of notice and hearing heretofore provided. 11. The Comprehensive Plan or amendment, if approved and adopted, shall become effective upon the expiration of ten (10) days after the date of filing notice of such adoption with the Cook County Recorder of Deeds. B. To recommend changes, from time to time, in the official Com- prehensive Plan. C. To prepare and recommend to the President and Board of Trustees of the Village of Mount Prospect, from time to time, plans for specific improvements in pursuance of the official ComprehensivE Plan, including a plan to implement the proper industrial develc ment and economic balance within the corporate limits of the ViI lage of Mount Prospect. D. To give aid to the municipal officials charged with the direc- tion 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 review and recommend the denial or the approval of plats of subdivision. 1. Following the adoption of an official Comprehensive Plan in the manner prescribed in this ordinance, no map or plat of any subdivision or resubdivision presented for record, affecting land within the corporate limits of the Village of Mount Prospect or contiguous territory outside of but not more distant than one and one-half (1-1/2) miles from such limits of the Village of Mount Prospect, shall be en- titled to record or shall be valid unless the subdivision thereon shall meet the subdivision regulations of the Vil- lage of Mount Prospect and otherwise conform to any require- ments thereto shown in the official Comprehensive Plan of the Village of Mount Prospect. 2. The procedures for review of such maps or plats of subdivi- sion shall be as established within the subdivision regula- tions of the Village of Mount Prospect. F. To exercise such other powers germane to the aforedescribed purposes for which the Planning Commission was created as may be conferred upon the Planning Commission by ordinance. - 6 - " . . ,. Section 5.406. Additional Information. The Village Clerk of the Village of Mount Prospect shall furnish the Planning Com- mission copies of all ordinances, plans and data relative to public improvements of any nature or other plans affecting the official Comprehensive Plan of the Village of Mount Prospect. If the Planning Commission deems a report thereon is necessary or advisable, it may make such report to the Board of Trustees of the Village of Mount Prospect for its consideration." SECTION TWO: That Article VI of Chapter 5 of the Municipal Code of Mount Prospect, as amended, be and the same is hereby further amended in its entirety by substituting therefor a new text concerning the Zoning Board of Appeals; so that hereafter the said Article VI of Chapter 5 shall be and read as follows: "ARTICLE VI - ZONING BOARD OF APPEALS Section 5.601. Cross Reference. The principles regulating and governing the organization, creation, membership, and jurisdiction of the Zoning Board of Appeals of the Village of Mount Prospect are as contained within Article VII of Chapter 14 (The Zoning Ordinance) of this Municipal Code of Mount Prospect." SECTION THREE: That Article XIII of Chapter 5 of the Municipal Code of Mount Prospect of 1957, as amended, be and the same is hereby re- pealed in its entirety and held in reserve; so that hereafter the said Article XIII of Chapter 5 shall be and read as follows: "ARTICLE XIII - RESERVED" SECTION FOUR: That the provisions of this amendatory ordinance shall not affect the validity of any official map or plan adopted and in force prior to the effective date hereof. SECTION FIVE: That this Ordinance shall be in full force and effect as of 12:0l o'clock a.m., May 1, 1973, and after its passage, approval, and publication in the manner provided by law. AYES: 6 NAYS: 0 PASSED and APPROVED this 20th day of March , 1973. ~~1~ ATTEST: r Vlllage President rddu~ /' Village ClerK - 7 - .__._----->~_._-~"'"""''''''''''---.-~=---""''~-'''~.=-.,.,.'''''=--._- ..-.