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O-41-01 08/13/2001VILLAGE OF LEMONT ORDINANCE NO. 0 -41 -01 AN ORDINANCE ABOLISHING THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF LEMONT AND CREATING A PLAN COMMISSION AND A ZONING BOARD OF APPEALS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 13th day of August, 2001. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 13th day of August, 2001. ORDINANCE 0 -41 -01 AN ORDINANCE ABOLISHING THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF LEMONT AND CREATING A PLAN COMMISSION AND A ZONING BOARD OF APPEALS 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 use 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 administrative determinations; review of plans of subdivision; the review and amendment of the Village's Comprehensive Plan, Zoning Ordinances and Subdivision Regulations and public participation in the administration of planning and zoning matters, to abolish the current Planning and Zoning Commission and to create two advisory commissions, to be known as the Plan Commission, and the Zoning Board of Appeals, planning and zoning advisary which heretofore have been delegated to the Planning and Zoning Commission. 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. Planning and Zoning Commission Abolished. The Planning and Zoning Commission of the Village of Lemont previously created by Ordinance 833, passed and approved March 28, 1994, and the same is hereby abolished. SECTION 2. Plan Commission Created; Number of Members; Method of Appointment; and Terms of Office. A. There is hereby created the Plan Commission of the Village of Lemont. The Plan Commission shall consist of seven members to be appointed by the Village President, with the advise 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 1st 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 1 reason. The Mayor, with the concurrence of the Village Board of Trustees, may for good cause shown, remove any member of the Commission. B. 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 30th. C. Officers. The Commission shall elect a vice - chairperson to serve as acting chairperson during the absence of the appointed chairperson. D. Records. The Commission shall maintain a record of all its procedings; such record shall be placed on file with the Village Clerk. E. Recording Secretary. The Village Administrator may appoint a Recording Secretary to the Commission, who shall not be a member of the Commission. The Recording Secretary shall prepare minutes of the Plan Commission meetings. F. 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. G. Reports. The Commission shall submit a report of its activities to the Mayor and Board of Trustees as often as it shall deem necessary, but no less than every year. I3. Duties. The Plan Commission shall carry out all duties, and is hereby delegated all authority and jurisdiction as provided in Ordinance Number 0 -25 -99 as subsequently amended. Said duties jurisdiction and authority shall include, but not be limited to, preparation of the Comprehensive Plan amendments and revisions to the Village's Comprehensive Plan, review of Plats of Subdivision; and carrying out special planning and zoning studies as required. SECTION 3. Zoning Board of Appeals Created; Number of Members; Method of Appointment; and Terms of Office. A. There is hereby created the Zoning Board of Appeals of the Village of Lemont. The Zoning Board of Appeals 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 shall initially be appointed and shall serve respectively for the following terms: two for one (1) year; two for two (2) years, three for three (3) years, from and after May 1st of the year of appointments. The successor to each member so appointed will serve for a term of three (3) 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 2 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. B. Chairperson Appointment and Terms of Office. The Mayor, with the concurrence of the Village Board, shall appoint the chairperson of the Zoning Board of Appeals. The chairperson's term of appointment shall be one year. Any chairperson may be appointed to successive terms on the Board. The chairperson's term shall expire on April 30th. C. Officers. The Commission shall elect a vice - chairperson to serve as acting chairperson during the absence of the appointed chairperson. D. Records. The Commission shall maintain a record of all its procedings; such record shall be placed on file with the Village Clerk. E. Recording Secretary. The Village Administrator may appoint a Recording Secretary to the Zoning Board of Appeals, who shall not be a member of the Board. The Recording Secretary shall prepare minutes of the ZBA meetings. F. Expenses. All official members of the Board shall serve without compensation. Expenses incurred on behalf of the Board shall, with the prior approval of the corporate authorities, be reimbursed to the person incurring the same. G. Reports. The Board shall submit a report of its activities to the Mayor and Board of Trustees as often as it shall deem necessary, but no less than every year. H. Duties. The Zoning Board of Appeals (ZBA) shall not decide nor grant variations. The President and Board of Trustees, by ordinances, upon report of the Zoning Board, and only after a public hearing before the Zoning Board, shall decide variations in harmony with the general purpose of intent of Ordinance No.0 -25 -99 and shall vary them only in the specific instances set forth in Ordinance 0 -25 -99 where the Zoning Board shall have made a finding of fact based upon the standards prescribed in Ordinance No 0- 25 -99, that there are practical difficulties or particular hardships to the applicant in complying with the regulations of said Ordinance. Specific duties will be to hear applications for variations from the terms provided in this Ordinance in the manner and subject to the standards set forth in this section; to hear all applications for special use permits, including planned unit developments (PUDs), in the manner and subject to standards set forth in this section; to hear all applications for amendments of the text and maps of this ordinance, and 3 report its recommendation to the Village Board in the manner and subject to the standards set forth in this section; to make such other studies, plans and project reviews as the Village Board may direct. SECTION 4. Repeal. That all Ordinances or parts of Ordinances in conflict with the provisions hereof are hereby repealed insofar as they conflict herewith. SECTION 5. Publication. That this Ordinance shall become and be effective on September 1, 2001 and publication in the manner provided by law. It is ordered that publication of this Ordinance be made by duplicating thereof in pamphlet form, said pamphlets to be deposited in the Office of the Village Clerk of the Village of Lemont, for general distribution. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this r?) ' day ofath, 12001. Ayes Nays Passed Absent John Benik Debbie Blatzer Peter Coules Connie Markiewicz Steve Rosendahl Jeanette Virgilio Approved this 844 day of , 2001. Attest: . Piazza, Village zORDINANOLYNNVABoUSILPC illage Clerk 4