O-39-06 06/26/2006ORDINANCE d v 9 -
AN ORDINANCE ABOLISHING
THE PLAN COMMISSION AND ZONING BOARD OF APPEALS
OF THE VILLAGE OF LEMONT
AND CREATING
THE PLANNING AND ZONING COMMISSION AND HEARING OFFICER
WHEREAS, Illinois state statute (65 ILCS 5) allows for the creation of both plan commissions
and zoning boards of appeal to review matters relating to land use, and
WHEREAS, the President and Board of Trustees of the Village of Lemont, after due
consideration and review of options available, have determined that it is in the best interest of the Village
and the promotion of sound land planning; land use regulations; general zoning requirements; the
administration and processing of requests for zoning relief, including zoning amendments, special use
applications, variation requests and appeals from zoning decisions; the initial review of plats of
subdivision; the amendment to and review of the Village's Zoning Ordinances and Comprehensive Plan;
and streamlining the process of reviewing zoning and land use matters corning before the Village, to
abolish the current Plan Commission and the Zoning Board of Appeals and to create one commission, to
be known as the "Planning and Zoning Commission," to handle all zoning and related land use duties and
responsibilities as aforesaid which heretofore have been delegated to the two separate bodies, the Plan
Commission and the Zoning Board of Appeals.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, IN THE COUNTIES OF COOK, WILL AND
DUPAGE AND STATE OF ILLINOIS, states as follows:
SECTION 1. Plan Commission and Zoning Board of Appeals Abolished; Return of
Documents to Village.
A. The Plan Commission and the Zoning Board of Appeals of the Village of Lemont
previously created by Ordinance 0- 41 -01, passed and approved August 13, 2001, and the
same is hereby abolished.
B. All persons who had served on the abolished Plan Commission and Zoning Board of
Appeals shall forthwith return all papers, documents, minutes, exhibits and any and all
other documents, papers and records of the abolished Plan Commission and Zoning
Board of Appeals to the Office of the Village Clerk.
SECTION 2. Planning and Zoning Commission Created: Number of members; Method
of Appointment and Terms of Office.
There is hereby created the Planning and Zoning Commission of the Village of Lemont. The
Planning and Zoning Commission shall consist of seven members to be appointed by the Village
President, with the advice and consent of the Village Board of Trustees. Said seven members initially
appointed, shall serve respectively for the following terms: two for one year; two for two years; and three
for three years, from and after May 15` of the year of appointment, with the successor to each member so
appointed to serve for a term of three years each, until their respective successors are duly appointed and
qualified. Vacancies shall be filled in the same manner as soon as possible for the unexpired term of any
member whose office has become vacant, for whatever reason. The Mayor, with the concurrence of the
Village Board of Trustees, may for good cause shown, remove any member of the Commission.
SECTION 3. Chairperson Appointment and Terms of Office.
The Mayor, with the concurrence of the Village Board, shall appoint the chairperson of the
Commission. The chairperson's term of appointment shall be one year. Any chairperson may be
appointed to successive terms on the Commission. The chairperson's term shall expire on April 30`h
SECTION 4. Rules and Procedure.
A. Officers. The Commission shall elect a vice - chairperson to serve as acting chairperson
in the absence of the appointed chairperson.
B. Records. The Commission shall maintain a record of all its proceedings; such record
shall be placed on file with the Village Clerk.
C. Secretary. The Mayor may, with the concurrence of the Board of Trustees, appoint a
secretary to the Commission, who need not be a member of the Commission.
D. Expenses. All official members of the Commission shall serve without compensation.
Expenses incurred on behalf of the Commission shall, with the prior approval of the
corporate authorities, be reimbursed to the person incurring the same.
E. Reports. The Commission shall submit reports of its activities to the Mayor and Board
of Trustees as often as it shall deem necessary, but not less than every six months.
SECTION 5. Duties of Planning and Zoning Commission.
A. Except as specifically set forth in sub - paragraphs B and C below, the Planning and
Zoning Commission shall carry out all duties, and is hereby delegated all authority and
jurisdiction, previously provided to both the Plan Commission and the Zoning Board of
Appeals under Ordinance 0- 41 -01, dated August 13, 2001, as amended. Said duties,
jurisdiction and authority shall include, but not be limited to, all matters previously
delegated to the Plan Commission and /or Zoning Board of Appeals, relating to: appeals
from administrative orders, requirements, decisions or determinations of the Community
Development Director or other authorized official of the Village of Lemont including
planned developments; zoning amendments; amendments or revisions to the Village's
Comprehensive Plan or Zoning Ordinance; initial review of Plats of Subdivision; and
carrying out any and all notice, hearing and finding and recommendation procedures and
requirements.
B. The Planning and Zoning Commission shall not be required to provide two reports or
findings or recommendations in those instances where Ordinance No. 0- 41 -01, as
amended required dual reports from the Plan Commission and Zoning Board of Appeals
prior to their being abolished herein.
C. The Planning and Zoning Commission shall neither decide nor grant variations. The
President and Board of Trustees, by ordinances, upon report of the Planning and Zoning
Commission, and only after a public hearing before the Planning and Zoning
Commission, shall decide variations in harmony with the general purpose of intent of
Ordinance 0- 41 -01, that there are practical difficulties or particular hardships to the
applicant in complying with the regulations of said ordinance.
SECTION 8. Repeal
That all Ordinance or parts of Ordinances in conflict with the provisions hereof are hereby
repealed insofar as they conflict with the provisions of this Ordinance.
SECTION 9. Publication.
That this Ordinance shall become effective from and after its passage and publication in the
manner provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE ILLINOIS on this
day of , 2006.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on
this 26th day of June , 2006.
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Atte
AYES NAYS PASSED ABSENT
✓,
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,A41 JO LI
JOHN F. PIA , ZA, Village Presid
I.ENE SMOLLEN, Village Clerk