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HomeMy WebLinkAboutOrdinances - MC-02-793 - 04/29/2002 - Creating Planning and Zoning CommissionORDINANCE NO. MC - 02 - 793 An Ordinance Amending Section XVIII.D, Zoning Board of Appeals, of the Zoning Ordi- nance of the City of McHenry and Article VIII, Plan Commission, of Chapter 2, Administration, of the Municipal Code of the City of McHenry BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTIONII: That Section XVI II.D, Zoning Board of Appeals, of the Zoning Ordinance, City of McHenry, Illinois, is hereby repealed. SECTION 2: That Article VIII, Plan Commission, of Chapter 2, Administration, of the Municipal Code, City of McHenry, Illinois, shall be amended to read as follows: Article VIII. PLANNING AND ZONING COMMISSION 2-200 Organization 2-201 Plan Commission, Zoning Board of Appeals References 2-202 Duties of the Commission 2-203 Special Zoning Commission 2-204 Meetings Sec.2-200 Organization (a) Creation. There is hereby created a Planning and Zoning Commission for the City to carry out the duties of a plan commission and zoning board of appeals. When used in this Article VIII, "Commission" shall be construed to mean the Planning and Zoning Commission and "Commissioners" shall be construed to mean the members of the Commission. (b) Membership. The Commission shall consist of seven Commissioners to be appointed by the Mayor with the advise and consent of the City Council. A Chairman shall be appointed annually by the Mayor with the advice and consent of the City Council. Annually, the Commissioners shall elect one of its own to serve as vice-chairman. (c) Term of Office. The first appointees shall serve for the following terms, or until their respective successors, in similar manner, have been appointed and qualified: one for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years. Successors to each member so appointed shall serve five-year terms except that vacancies shall be filled for the unexpired term of the membership vacated. The term of each Commissioner shall expire April 30 of the year of the expiration of its respective term of office. Thereafter, the appointments shall be made at the annual meeting of the City Council. (d) Vacancy. Any vacancy on the Commission shall be filled in the same manner as the original appointment. (e) Compensation. Commissioners shall receive compensation quarterly for each meeting attended at the rate of $30 per meeting for the Chairman and $20 for all other Commissioners or at such other rates as the City Council may hereafter establish. Sec. 2-201 Plan Commission, Zoning Board of Appeals References Any ordinance, code, regulation, etc., of the City or state statute that references the Plan Commission and/or Zoning Board of Appeals shall mean the Planning and Zoning Commission. Sec. 2-202 Duties of the Commission The duties of the Commission are as follows: 1. To prepare and recommend to the City Council a comprehensive plan for the present and future development or redevelopment of the City. After its adoption by the City Council this plan shall be known as the City of McHenry Comprehensive Plan ("Comprehensive Plan"). Thereafter, from time to time, the Commission may recommend changes in the Comprehensive Plan. This Comprehensive Plan may include reasonable requirements with reference to the streets, alleys, public grounds and other improvements in unsubdivided land situated within the corporate limits or in contiguous territory not more than 1'/z miles beyond the corporate limits and not included in any municipality. These requirements shall be effective whenever this unsubdivided land is subdivided after the adoption of the Comprehensive Plan. Following the adoption of the Comprehensive Plan no map or plat of any subdivision presented for record affecting land within the corporate limfts of the City or in contiguous territory outside of and not more than 1 Y2 miles from those limits and not included in any other municipality, shall be entitled to record or shall be valid unless the subdivision thereon shall provide for streets, alleys, public: grounds and other public improvements in conformity with the Comprehensive Plan. 2. From time to time, prepare and recommend changes in the Comprehensive Plan, or plans for specific improvements in the pursuance of the Comprehensive Plan to the City Council. 3. To provide assistance to the City officials charged with the direction of projects for improvements embraced within the Comprehensive Plan and to further the making of these projects, and generally promote the Comprehensive Plan. 4. To exercise such other powers, germane to the powers granted by this Code as may be conferred by the City and are granted a City under the Illinois Municipal Code (65 ILCS), including, but not limited to Sections 5/11-12-4 to 5/11-12-12. 5. To hear appeals from any order, requirement, decision or determination of the Zoning Administrator, relating to the Zoning Ordinance by any person, firm or corporation aggrieved thereby, or by any officer, department, Council or commission of the City. The appeal shall be taken within 45 days of the action complained of by filing a notice of appeal, in duplicate, specifying the grounds thereof, in the office of the City Clerk who shall transmit forthwith one copy to the Zoning Administrator and one copy to the Chairman of the Commission. The Zoning Administrator shall forthwith transmit to the Chairman of the Commission all the 2 papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Commission that, by reason of facts stated in the certification, a stay would cause imminent peril to life or property. In such case, the proceedings shall not be stayed except by a restraining order issued by the Commission or a court of record after notice to the Zoning Administrator and on due cause shown. The Commission shall select a reasonable time and place for the hearing of the appeal, give a minimum of 10 days notice thereof to all interested parties and shall render a written decision on the appeal without unreasonable delay. Any person may appear at the hearing and present testimony in person or by a duly authorized agent or attorney. The Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Zoning Administrator. 6. To recommend to the City Council, after holding a public hearing, on application for variations from the strict enforcement of any provisions of the Zoning Ordinance, in accordance with the rules and standards set forth therein. 7. To recommend to the City Council, after holding a public hearing, on applications for conditional uses listed in each of the several zoning districts. 8. To recommend to the City Council, after holding a public hearing, on applications for planned developments referred to it by the City Council and to hear and decide other matters referred to it or upon which it is required to pass under' the provisions of the Zoning Ordinance. 9. To recommend to the City Council, after holding a public hearing, on petitions for amendment of the provisions of the City of McHenry Zoning Ordinance and the boundary lines of zoning districts established therein. 10. To transmit to the City Council, with every recommendation, findings of fact and to refer to any exhibits containing plans and specifications relating to its recommendation, which plans and specifications shall remain a part of the permanent records of the Commission. The findings of facts shall specify the reason or reasons for its recommendation. The terms of the relief recommended shall be specifically set forth in a conclusion or statement separate from the findings of fact of the Commission. 11. To keep written minutes of its proceedings, which shall be a public record. 12. To file immediately in the office of the City Clerk every rule, order, requirement, decision or determination of the Commission after any meeting or hearing, which shall be a public record. 13. Nothing contained herein shall be construed to authorize the Commission to change any of the provisions of the City of McHenry Zoning Ordinance or district boundary lines established hereby. The concurring vote of four members shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant any matter upon which the Commission is authorized to act. SECTION 4: This Ordinance shall be in full force and effect on April 30, 2002. Publication in pamphlet form is hereby authorized, as provided by law. Voting Aye: BOLGER, GLAB, LOW, MURGATROYD, WIMMER Voting Nay: NONE Absent: NONE Abstain: NONE APPROVED: Mayo�Pam�elJ. ARhoff (SEAL) ATTEST: C City Irk Janice C. Jones Passed: RI 29, 2 Approved: APRI L 29, 2002 pjh: McHenry. OrdlPlanZoneCom. ord