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HomeMy WebLinkAboutOrd 4621 02/15/1994 ORDINANCE NO. 4621 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 5 OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 15th day of February. , 1994 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 15th day of February , 1994. CAF/ 11/11/93 ORDINANCE NO. 4621 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 5 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article V entitled "Zoning Board of Appeals" of Chapter 5 of the Village Code of Mount Prospect, as amended, is hereby further amended in its entirety; so that hereafter said Article V of Chapter 5 of the Village Code shall be and read as follows: " ARTICLE V ZONING BOARD OF APPEALS SECTION: 5.501. Creation and Membership 5.502. Organization 5.503. Hearings and Meetings 5.504. Jurisdiction Sec. 5.501. Creation and Membership. A Zoning Board of Appeals is hereby created. The Zoning Board of Appeals shall consist of a chairman and six (6) members of said members Board shall be appointed by the Village President with the consent of the Board of Trustees of the Village. A. When first appointed, the members of the Zoning Board of Appeals shall serve respectively for the following terms: One for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years and one for six (6) years, or until their respective successors have been duly appointed and qualified. 1. Upon creation of the Zoning Board of Appeals, the chairman shall be appointed for seven (7) years or until his successor has been duly appointed and qualified. 2. The successor to each member, including the chairman, so appointed shall serve for a term of five (5) 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 Zoning Board of Appeals, including its chairman, for cause and after public hearings. C. Vacancies upon the Zoning Board of Appeals shall be filled for the unexpired term of the member or the chairman whose seat has become vacant by appointment by the Village President with the consent of the Board of Trustees of the Village. Sec. 5.502. Organization. A. The President and Board of Trustees of the Village may provide by resolution for the compensation of the members and chairman of the Zoning Board of Appeals. B. Immediately upon its organization, the Zoning Board of Appeals shall select from its membership a vice chairman and secretary. 1. The vice chairman shall serve as acting chairman whenever the Article V, Chapter 5 Page 2 of 4 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 Zoning Board of Appeals. a. The secretary of the Zoning Board of Appeals shall be responsible for filing the most current rules of procedure or rules of the Zoning Board of appeals, the minutes of meetings, the record of hearings and the memoranda of decisions with the Village Clerk and copies thereof with the Zoning Administrator. b. The secretary shall be given such clerical assistance as the Village Manager and/or the Board of Trustees of the Village may provide. C. The Zoning Board of Appeals shall adopt rules for the conduct of its hearings and meetings, which rules shall not conflict with this Article nor Chapter 14 and which rules may include the creation of a committee authorized to conduct the appropriate hearings at any time two (2) or more members of the Zoning Board of Appeals are present. 1. In the case of meetings, however, four (4) members of the Zoning Board of Appeals shall constitute a quorum to conduct business. 2. For the purpose of determining quorum at meetings and members present at hearings, the chairman shall be considered a member of the Zoning Board of Appeals. Sec. 5.503. Hearings and Meetings. A. All hearings and all meetings of the Zoning Board of Appeals shall be open to the public and the record 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 Zoning Board of Appeals, any interested person may appear or may be represented by duly authorized agents or attorneys. 2. No testimony shall be taken and no witnesses heard except at a properly convened hearing of the Zoning Board of Appeals. B. Regular meetings of the Zoning Board of Appeals shall be held in the Senior Citizen Center, 50 South Emerson Street, Mount Prospect, Illinois on the fourth Thursday of each month at the hour of seven thirty o'clock (7:30) P.M., or at such other location, time or date as may be designated by the chairman of the Zoning Board of Appeals, following reasonable notice thereof. 1. All testimony before the Zoning Board of Appeals shall be given under oath and a summary of such testimony and proceedings shall be subsequently prepared by the recording secretary. Nothing herein shall prevent any petitioner or other interested party from providing, at his or its own expense, a court reporter to transcribe testimony given in any case so heard by the Zoning Board of Appeals, provided that the Department of Planning by supplied with a copy of said transcript. 2. The chairman, or in his absence the vice chairman, shall administer or authorize the administration of oaths and may compel the attendance of witnesses. Article V, Chapter 5 Page 3 of 4 3. No vote of the Zoning Board of Appeals shall be had at any hearing, unless the said Zoning Board of Appeals shall by rule provide that such hearing shall be deemed a meeting and minutes of said hearing maintained by the secretary. 4. The Village Clerk is hereby authorized to make such additional charges as may be necessary to cover the costs of the Village in the event the filing fees authorized to be collected herein are insufficient to cover the cost of said application and hearing. C. Ail meetings of the Zoning Board of Appeals shall be held at the call of the chairman and at such other times as the said Zoning Board of Appeals may determine by rule. 1. The Zoning Board of Appeals 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. At such meetings and within the perimeter of its jurisdiction granted hereinbelow, the Zoning Board of Appeals shall make its decision or its determination on all matters presented to it within a reasonable time. a. The Zoning Board of Appeals may reverse or confirm, wholly or partly, or may modify or amend any order, requirement, decision or determination, appealed from to the extent and in the manner the Board may decide to be tiffing and proper, subject to the provisions contained in this Article, Chapter 14 (Zoning) of the Village Code of Mount Prospect or in the applicable statutes of the State of Illinois. (1) The concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator. (2) The concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary to recommend or grant a variation from the terms of this Article or Chapter 14 (Zoning) of the Village Code of Mount Prospect, or to recommend or decide in favor of the petitioner on any matter, other than that listed in subsection 2 of this Article, upon which the Zoning Board of Appeals is required to pass, under Chapter 14 (Zoning) of the Village Code or any other Ordinance of the Village. b. Within the perimeter of its jurisdiction granted hereinbelow, in all instances wherein the decision of the Zoning Board of Appeals is final, such decision shall be a final administrative determination and shall be subject to review by a court of law in the manner provided by applicable Illinois statutes. 3. Any exhibits containing plans and specifications for the proposed use shall remain part of the permanent records of the Zoning Board of Appeals. D. All special hearings of the Zoning Board of Appeals shall be held at the call of the chairman and at such other times as the said Zoning Board of Appeals may determine by rule. 1. All of the foregoing rules and regulations governing the conduct of regular hearings before the Zoning Board of Appeals shall apply to rticle V, Chapter 5 Page 4 of 4 special hearings of the said Zoning Board of Appeals. 2. The Village Clerk is hereby authorized to make such additional charges as may be necessary to cover the costs of the Village in the event ;the filing fees authorized to be collected are insufficient to cover the cost of said application and hearing. Sec. 5.504. Jurisdiction. The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority and it shall be its duty: A. To hold public hearings on requests for amendments to Chapter 14 (Zoning) of the Village Code of Mount Prospect, to make finds and recommendations thereof, and to forward the same to the President and Board of Trustees of the Village. B. To hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administrator in the administration or enforcement of Chapter 14 (Zoning) of the Village Code. C. To hear and decide appeals from any order, requirement, decision or determination made by the Director of Planning in the administration and enforcement of any other Ordinances of the Village upon with the Zoning Board of Appeals is required to pass. D. To hear and decide applications for variations, special uses and/or zoning and from the regulations and restrictions contained in Chapter 14 (Zoning) of the Village Code. E. To hear and decide or make recommendations on such other matters as may be committed to the jurisdiction of the Zoning Board of Appeals by other Ordinances of the Village or at the direction of the President and Board of Trustees of the Village." SECTION 'PA/O: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Clowes, Corcoran, Hoefert, Hendricks, Skowron, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 15th day of ~'ebruar¥ , 199~- ' Gerald L. Farley Village President ATTEST: Carol A. Fields Village Clerk