Loading...
O-833-94 03/28/94VILLAGE OF LEMONT ORDINANCE NO. V3 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 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This a g day of S-r,r 2,i , 1994. 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 V- day of )1,10Jw, , 1994 ORDINANCE NO. �S 3 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, 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 coming before the Village, to abolish the current Plan Commission and 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 Plan Commission and 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 426, passed and approved March 10, 1980, 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 Rezoning 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 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 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. They 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. SECTION 4. Rules and Procedure. A. Officers. The Commission shall elect a vice- chairperson to serve as acting chairperson during 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 memeber of the Commission. D. Expenses. All official memebers 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 No. 426 dated March 10, 1980, 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 Building Inspector 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 (2) reports or findings or recommendations in those instances where Ordinance No. 426, 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 not 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 No. 426 and shall vary them only in the specific instances set forth in Ordinance No. 426 where the Planning and Zoning Commission shall have made a finding of fact based upon the standards prescribed in Ordinance No. 426, that there are practical difficulties or particular hardships to the applicant in complying with the regulations of said Ordinance. SECTION 6. Hearing Officer. There is hereby created the position of Hearing Officer as provided for in 65 ILCS 5/11 -13 -14.1 except that such Officer shall be limited to hearing variations of the Lemont Zoning Ordinance where the relief requested is five (5) percent or less than the standards required. The Hearing Officer shall be the "Community Development Director" and shall have the power and duties as prescribed by 65 ILCS 5/11 -13 -14.1. SECTION 7. Repeal. That all Ordinances or parts of Ordinances in conflict with the provisions hereof are hereby repealed insofar as they conflict herewith. SECTION 8. Publication. That this Ordinances shall become and be effective on May 1, 1994 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 ( day of , 1994. Barbara Buschman Alice Chin Keith Latz William Margalus Richard G. Rimbo Ralph Schobert Approved me this t_C_ day of Attest: AYES NAYS PASSED AR NT v M. SMO N, Village Clerk A1V I LLAG E W BOLUS H LPLA A. KW SKI, Village President