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HomeMy WebLinkAboutOrd 5126 07/18/2000 ORDINANCE NO. 5126 AN ORDINANCE AMENDING CHAPTER 14 (ZONING) ARTICLE V OF THE VILLAGE CODE Passed and approved by the President and Board of Trustees the 18th day of July, 2000 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 19th day of July, 2000 ORDINANCE NO. 5126 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE V 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 1: That Chapter 14, Section 5, Article V "Zoning Board of Appeals" of the Mount Prospect Village Code shall be deleted in its entirety and a new Article V, entitled "Zoning Board of Appeals" which shall be inserted in lieu thereof and 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 six (6) regular members as appointed by the Village President with the consent of the Board of Trustees of the Village. In addition to the six regular members, the Village President shall appoint, with the consent of the Trustees, a Chair who shall be a deliberative and voting member of the Zoning Board of Appeals. A. Each member of the Zoning Board of Appeals, including the Chair, shall serve for a term of five (5) years or until his or her successor has been duly appointed and qualified. The Chair shall serve no more than two (2) consecutive terms as Chair. B. Each member of the Zoning Board of Appeals, including the Chair, shall serve at the pleasure of the Village President and Board of Trustees of the Village. C. Vacancies on the Zoning Board of Appeals shall be filled for the unexpired term of the member or the Chair 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 Chair of the Zoning Board of Appeals. B. The Zoning Board of Appeals shall select from its membership a Vice Chair and Secretary. 1. The Vice Chair shall serve serve as acting Chairperson whenever the Chair is absent from meetings and hearings. 2. The Secretary shall oversee and shall be responsible for the filing of the most current rules and procedure or rules of the Zoning Board of Appeals, the minutes of meetings, the record of hearings and any memoranda of decisions with the Village Clerk and the Zoning Administrator. 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. Such 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, the rules shall provide that business may be conducted if a simple majority of the currently filled Zoning Board of Appeals positions are present. 2. For the purpose of determining a quorum at meetings and members present at hearings, the Chair shall be considered a member of the Zoning Board of Appeals. Sec. 5.703. Hearings and Meetings. A. All hearings and meetings of the Zoning Board of Appeals shall be open to the public; the record and minutes of which shall be available for examination in the office of the Village Clerk during regular business hours. 1. Generally, a hearing is a gathering of the Zoning Board of Appeals, the purpose of which is to take testimony from and permit comment by petitioners and interested parties. A meeting is a gathering at which the Zoning Board of Appeals deliberates and votes with respect to matters before it. 2. At hearings and meetings of the Zoning Board of Appeals, any interested person may appear in person or may be represented by duly authorized agents or attorneys. 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 Chair of the Zoning Board of Appeals, following proper notice as described in Section 14.203 of the Village Code. 1. No testimony shall be taken and no witnesses may be heard except at a properly convened hearing of the Zoning Board of Appeals. 2. Ail 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. Any petitioner or other interested party may provide 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 Community Development is given a copy of the transcript. 3. The Chair or in the Chair's absence, the Vice Chairperson shall administer or authorize the administration of oaths and may compel the attendance of witnesses. 4. No vote of the Zoning Board of Appeals shall be had at any hearing unless the Zoning Board of Appeals shall by notice provide that such hearing shall also be deemed a meeting and minutes of the hearing are maintained by the Secretary. 5. The Director of Community Development is authorized to make such additional charges as may be necessary to cover the costs of the Village in the event the filing fees are insufficient to cover the cost of the application, review and hearing. C. All meetings of the Zoning Board of Appeals shall be held at the call of the Chair 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, indicating the vote of each member upon every question or any absence or failure to vote. 2. The Zoning Board of Appeals shall make its decision or its determination on all matters presented to it within a reasonable time. The following shall apply to such decision making: 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 fitting and proper, subject to the provisions contained in this Article, Chapter 14 (Zoning) of this Code or under applicable State Law. (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 a simple majority of those members of the Zoning Board of Appeals in attendance (so long as a quorum is present) shall be necessary to recommend or grant a variation from Chapter 14 (Zoning) of this Code, or to recommend or decide in favor of the petitioner on any matter upon which the Zoning Board of Appeals is required to pass under Chapter 14 (Zoning) of this Code or any other ordinance of the Village. b. In all instances where 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 Chair and at such other times as the said Zoning Board of Appeals may determine. All of the foregoing rules and regulations governing the conduct of regular hearings before the Zoning Board of Appeals shall apply to special hearings of the Zoning Board of Appeals. 4 ec. 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 of this Code and forward its findings and recommendations on such requests 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 this Code. C. To hear and decide or forward recommendations as is appropriate for variations, conditional uses and/or relief from the regulations and restrictions contained in Chapter 14 of this Code. D. 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. E. To hear and decide all requests for exceptions, variations, special uses and appeals pursuant to Chapter 7, Sign Regulations. SECTION 2: Thatthis O~inance shallbeinfull ~me and effect from and after its passage, approvaland publicationin pamphlet~rminthe mannerprevided bylaw. AYES: Hoefert, Lohrstorfer, Skowron, Wilks NAYS: None ABSENT: Corcoran, Prikkel PASSED and APPROVED this 18thday of July ,2000. ATTESTs-.' VelnTa W. Lowo, Village Glerk