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HomeMy WebLinkAboutOrd 5219 11/06/2001 r I ORDINANCE NO 5219 AN ORDINANCE AMENDING CHAPTER 5 (BOARDS AND COMMISSIONS) OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 6111 day of November, 2001 Published In pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, illinoIs, the 7111 day of November, 2001 bh/hm 10f18/01 ORDINANCE NO. 5219 AN ORDINANCE AMENDING 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 1: That Article VII "Plan Commission" of Chapter 5 shall be deleted in its entirety and Article VII shall be reserved, and that Article V "Zoning Board of Appeals" of Chapter 5 shall be deleted in its entirety and a new Article V, entitled "Planning & Zoning Commission" of Chapter 5 shall be inserted in lieu thereof and shall be and read as follows: ARTICLE V PLANNING & ZONING COMMISSION SECTION: 5.501: 5.502: 5.503: 5.504: Creation and Membership Organization Public Hearings and Meetings Jurisdiction 5.501: CREATION AND MEMBERSHIP: A Planning & Zoning Commission is hereby created. A. Reqular Members. The Planning & Zoning Commission shall consist of six (6) regular members as appointed by the Village President with the consent of the Board of Trustees of the Village. B. Chair. In addition to the six (6) 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 Planning & Zoning Commission. C. Associate Member. The Village President, with the consent of the Trustees, shall appoint one associate member, who shall be a deliberative member in all instances and a voting member when one or more regular members or the chair is absent. D. Term. Each member of the Planning & Zoning Commission, including the chair and the associate member 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. The initial appointment may be made for shorter terms. These terms shall be staggered to assure that no more than three (3) member's terms expire in the same year. The Village President with the advice and consent of the Village Board may make the initial appointment as the President may deem appropriate. The initial appointments may, but shall not be required to, be made from the existing Zoning Board of Appeals or Plan Commission membership. E. Removal. Each member of the Planning & Zoning Commission, including the chair, shall serve at the pleasure of the Village President and Board of Trustees of the Village. F. Vacancv. Vacancies on the Planning & Zoning Commission 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. (Ord. 5126, 7-18-2000) 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 Planning & Zoning Commission. B. The Planning & Zoning Commission shall select from its membership a vice chair. The vice chair shall serve as acting chairperson whenever the chair is absent from meetings and public hearings. C. The Planning & Zoning Commission 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 public hearings at any time two (2) or more members of the Planning & Zoning Commission are present. Such a committee may not conduct hearings or render a decision in any matter which requires an affirmative vote of three or more members. Except for meetings of the aforementioned committee of two, the presence of four members shall constitute a quorum. 1. In the case of meetings when no public hearing is to be conducted, the rules shall provide that business may be conducted if a simple majority of the currently filled Planning & Zoning Commission positions are present. 2. For the purpose of determining a quorum at meetings and members present at public hearings, the chair and the associate member shall be considered members of the Planning & Zoning Commission. (Ord. 5126, 7-18-2000) 5.503: HEARINGS AND MEETINGS: A. All hearings and meetings of the Planning & Zoning Commission 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 public hearing is a gathering of the Planning & Zoning Commission, 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 Planning & Zoning Commission deliberates and votes with respect to matters before it. , [,' I ."~._"- _....._..~ --~.~.~ ~..,'~' '" ~ ,-- "". ~~ ~'~, "'-~"~-..,~_.' -~~. . '~-";~ ,.,~-,-_.,~".- --~'~'.~' ""--.- ,.... ~._.- ~"~ ~ ~."" ~ -_-c_." ~ ..._~_~ ....~,,~ "~"'__~ ~_~ _~'" W'_.," ,_ '_..~, 2 At public hearings and meetings of the Planning & ZOning Commission, any Interested person may appear In person or may be represented by duly authorized agents or attorneys B Regular meetings of the Planning & ZOning Commission shall be held In the Senior Citizen Center, 50 South Emerson Street, Mount Prospect, illinoIs, on the second and fourth Thursday of each month at the hour of seven o'clock (7 00) PM, or at such other location, lime or date as may be designated by the chair of the Planning & Zoning Commission, follOWing proper notice as desCribed In Section 14203 of thiS Code 1 No testimony shall be taken and no witnesses may be heard except at a properly convened public hearing of the Planning & ZOning Commission 2 All testimony before the Planning & ZOning Commission shall be given under oath and a summary of such testimony and proceedings shall be subsequently prepared by the recording secretary Any pelitloner or other Interested party may prOVide at the Pelitloners own expense, a court reporter to transcribe testimony given In any case so heard by the Planning & ZOning Commission, 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 Planning & Zoning Commission shall be had at any public hearing unless the Planning & ZOning Commission shall by notice prOVide that such public 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 addllional charges to any Petitioner 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 public hearing C All meetings of the Planning & Zoning Commission shall be held at the call of the chair and at such other times as the said Planning & ZOning Commission may determine by rule 1 The Planning & Zoning Commission shall keep minutes of ItS meetings, Indicating the vote of each member upon every question or any absence or failure to vote 2 The Planning & ZOning Commission 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 Planning & ZOning Commission 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 I ~ _______.,~.____~_,~._.._...'~"._ manner the Commission may decide to be fitting and proper, subject to the provIsions contained In thiS Article, Chapter 14 of thiS Code or under applicable law (1) The concurring vote of four (4) members of the Planning & ZOning Commission shall be necessary to reverse any zOning determination of the Director of Community Development A concurring vote of the majority of those In attendance shall be required to approve any varlalion or to make a pOSitive recommendation With respect to any varlalion b In all Instances where the deCISion of the Planning & ZOning CommiSSion IS final, such deCISion shall be a final administrative determlnalion and shall be subject to review by a court of law In the manner provided by applicable illinOIS statutes D All special hearings of the Planning & ZOning Commission shall be held at the call of the chair and at such other times as the Planning & Zoning Commission may determine All of the foregOing rules and regulalions govemlng the conduct of hearings before the Planning & ZOning Commission at regular meetings shall apply to hearings at special meelings of the Planning & ZOning Commission (Ord 5126,7-18-2000) 5 504 JURISDICTION: The Planning & ZOning Commission 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 zOning determination made by the Director of Community Development In the administration or enforcement of Chapter 14 of thiS Code C To hear and deCide or forward recommendations as IS appropnate 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 Planning & ZOning Commission 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 Variations, special uses and appeals pursuant to the Village Sign Ordinance Chapter 7 of this Code (Ord 5126,7-18-2000) F To hear and forward recommendalions on all requests for exceptions to Chapter 16, The Development Code \ I 1- f ~_,"", _,.,_,,="~_.,~.__,_~,~ H '" _~ ~ _ '. V".- ~ G To prepare, amend and recommend to the President and Board of Trustees of the Village an Official Comprehensive Plan ("the Plan") for the present and future development or redevelopment of the Village The Official Comprehensive Plan and ItS amendments shall be accomplished In accordance with Section 5 704 of this Article H To recommend changes, from time to time, In the OffiCial Comprehensive Plan after review and public heanng To give aid to the MUniCipal offiCials charged with the direction of projects for Improvements embraced within the Plan, and to generally promote the realization of the Plan J To review and recommend the denial or the approval of plats of subdivIsion 1 No map or plat of any subdivIsion or resubdlvlslon presented for recording, affecting land Within the corporate limits of the Village, or contiguous territory outside of but not more distant than one and one-half (1 2) miles from such limits of the Village, shall be entitled to be recorded or shall be valid unless the subdivIsion shall meet the subdiVISion regulations as set forth In the Village's development code and otherwise conform to any requirements shown In the OffiCial Comprehensive Planning of the Village 2 The procedures for review of such maps or plats of subdiVISion shall be as established Within the subdivIsion regulations of the Village which are a constituent part of the development code K To make recommendations to the Village Board With respect to the Village's development, review and planning processes L To recommend regulations, projects and programs pertinent to the development, redevelopment and renewal of the Village and such surrounding terrrtory over which the Village exercises subdivIsion jUrisdiction M To exercise such other powers as may be conferred by the corporate authOrities (Ord 5125,7-18-2000) 5505: THE OFFICIAL COMPREHENSIVE PLAN. The Planning & Zoning Commission shall carry out ItS responSibilities With respect to the OffiCial Comprehensive Plan according to the follOWing A After receiving a proposed comprehensive plan or an amendment to an eXisting comprehensive plan, the Planning & Zoning Commission shall hold a public hearing to conSider such plan or amendment 1 Not less than fifteen (15) days prior to the public hearing, notice of the proposed hearing, setting forth the time and date and place shall be given by publication In a newspaper of general Circulation In the Village and the contiguous unincorporated area f ~ --.~....~--..~-".-- ".. 2 The hearing may be recessed to another date If not concluded, provided, notice of the time and place IS publicly announced at the heanng at the lime of such recess or notice IS given by newspaper publication not less than five (5) days prior to the rescheduled hearing B No testimony regarding the Comprehensive Plan or any amendments shall be taken, and no witnesses heard, except at a properly convened public hearing of the Planning & Zoning Commission No comprehensive plan or amendment shall be adopted by the President and Board of Trustees that has not been submitted to the Planning & ZOning Commission for reView, public hearing and recommendation I The Plan may be adopted In whole or In separate geographical or functional parts, each of WhiCh, when adopted, shall be the OffiCial Comprehensive Plan or a conslituent part of the Comprehensive Plan of the Village I The Plan, by ItS very terms, may be made applicable to land situated Within the corporate limits of the Village and conliguous terntory not more than one and one- half (1 2) miles beyond the corporate limits of the Village I The Plan may designate land SUitable for annexation to the Village, along With recommended zoning claSSification for such land upon annexation I The Plan shall be the pnmary planning gUide of the Village, but shall not be construed to actually regulate or control the use of private property which IS the function of the ZOning Ordinance and OffiCial Maps I The OffiCial Comprehensive Plan and any ordinances Implementing It shall be on , file With the Village Clerk and shall be available at all limes dunng regular bUSiness hours for public inspection I Within ninety (90) days after the conclUSion of the public hearing held by the Planning & Zoning Commission, the ~Iannlng & Zoning Commission shall make ItS written recommendation to the PreSident and Board of Trustees If the Planning & Zoning Commission falls to make such written recommendation Within ninety (90) days, then the PreSident and Board of Trustees may proceed to conSider adoption of such Comprehensive Plan or portion of the Comprehensive Plan or an amendment to an eXlsling comprehensive plan In the same manner as If the Planning & Zoning Commission had made a wntten recommendation I 1 After conslderalion of the recommendation of the Planning & ZOning CommiSSion of a proposed amendment to the Comprehensive Plan, the PreSident and Board of Trustees shall either adopt the Comprehensive Plan or amendment In whole or In part or reject the entire Comprehensive Plan or amendment I C D E F G H 2 If approved, the PreSident and Board of Trustees of the Village shall enact the ordinances necessary to give effect to the Plan I "..,. 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I 3 If, at the eXpiration of one hundred eighty (180) days after the recommendation of the Planning & Zoning Commission to the President and Board of Trustees, the President and Board of Trustees have taken no formal action, the Comprehensive Plan or amendment may not be acted upon by the President and Board of Trustees without renewing the public notice and public hearing process J The Plan and ItS amendments, If approved and adopted, shall become effective upon the explralion of ten (10) days after the date of filing nolice of such adoption With the Cook County Recorder of Deeds K Copies of the Plan, all ordinances Implementing It, and the OffiCial Map, shall be available to any Interested party upon payment by the party of the sum established to cover the cost of ItS printing and dlstnbulion (Ord 5125,7-18- 2000) SECTION 2' Any reference In Chapter 14, ZOnlnq, of the Mount Prospect Village Code, to the .Zonlng Board of Appeals" shall be changed to a reference to the .Plannlng & ZOning Commission" and any reference to the "Plan Commission" In Chapter 16- Development Code shall be changed to a reference to the .Plannlng & ZOning Commission" SECTION 3: 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 NAYS Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel None ABSENT. None PASSED and APPROVED thiS 6th day of November ,2001 ~ ..'~~-- - ... . / .~~,,,,,,,~...:::::~ ~ '\"".\ "-,, \-:. ,;::::1 ".., / ,;..., - , ATTEST Vel a W Lowe, Village Clerk H'\GEN\fiIes\WIN\QRDINANC\Ch S,Buzz,Oct18,01 P&Z Comm.DOC w _~., . ~~~ ...... :i:::..;.-". :_.. . _.~ ~-- -'~" - >-~.... ~ '/ ~... - ... " ~,/ ... ~ " ,...