[Amended 9-27-2010 by Ord. No. 10-5]
The Zoning Code shall be administered by the
following bodies and officials in the manner prescribed herein.
[Amended 9-27-2010 by Ord. No. 10-5; 8-25-2014 by Ord. No. 14-07]
The office of the Zoning and Hearing Officer is hereby created
and such officer, upon appointment by the Mayor of the Village of
Harristown, shall serve for a term of one year and shall also be the
Chairman of the Plan Commission of the Village of Harristown. The
duties of the Zoning and Hearing Officer shall be as follows:
(A)
To meet with interested property owners, developers, citizens and
any other party who contemplates action which comes under the jurisdiction
of this Code to explain the intent and provisions of this Code.
(B)
To act as zoning inspector for the Plan Commission to ensure provisions
of special uses, planned unit developments and variances are complied
with during construction and to make necessary inspections and reports
to the Plan Commission in relationship to such developments.
(C)
To serve as a liaison officer between the planning advisors and the
Village Board, and to make proper legal advertisements and to set
public hearing as required by this Code.
(D)
To make interpretations of the provisions of this Code and to report
to the Plan Commission any situation wherein there is a doubt or conflict
as to the property interpretation.
(E)
To act as hearing officer for variance and special use hearings.
[Amended 9-27-2010 by Ord. No. 10-5]
(A)
Joint group. The Plan Commission and the Zoning Board
of Appeals are hereby created as a single body and shall continue
to perform the functions of both the Village Plan Commission and the
Zoning Board until the Village corporate authorities deem it necessary
to separate these functions by ordinance.
(B)
Number; appointment; term. The Commission as herein
created shall consist of seven members appointed by the Village Mayor
and confirmed by the Board of Trustees. The term of office of each
member shall be five years, except that the first seven members shall
be appointed for terms varying respectively from one to seven years
in order that the terms of not more than one member shall expire each
year. The Mayor shall designate one member of the Commission to act
as Chairman, and he shall hold the office as Chairman until his successor
is appointed.
(C)
Dismissal. The Chairman shall recommend to the Mayor
the dismissal of any Commission member who misses five regular meetings
during any twelve-month period. With approval of the Board, the Mayor
shall remove such member and appoint another in his place.
(D)
Meetings; minutes. The Commission shall meet at the
call of the Chairman. The Commission shall keep minutes of its proceedings,
including its findings of fact, all its determinations and decisions,
the reasons therefor, and the vote of each member upon every question,
which minutes shall be placed on file in the office of the Commission
no later than 15 days after any meeting and shall be a matter of public
record.
(E)
Responsibilities and duties. The Plan Commission is
hereby granted the following responsibilities and duties:
(1)
To hear all petitions requesting zoning action,
except petitions relating to variations and special uses.
(2)
To initiate, receive, and review periodically
studies and/or proposals concerning amendments of this Code; and in
this respect to advise and recommend to the Board the Commission's
findings.
(3)
To hear all appeals of decisions of a hearing
officer in the interpretation or administration of this Code and by
its own action render a decision resolving said conflict.
(4)
To classify any use not specifically listed
in this Code as to its appropriate district based on the compatibility
of that use with the general purpose and character of zone regulations.
This power shall lie solely with the Plan Commission and will not
be subject to review by the Board.
(5)
To initiate studies and issue reports to the
Board concerning the complementarity or conflict between the implementation
of this Code and the officially adopted Village Plan; and in this
respect to make recommendations to the Board as to appropriate measures
to be taken to insure the effectiveness of the Code as a tool for
the implementation of the Village Plan.
(6)
To initiate studies and submit reports to the
Board relating to the effectiveness of this Code in complementing
the Subdivision Code, Housing and Building Codes, and other ordinances
of the Village affecting physical development.
(7)
To hear and recommend to the Board disposition
of all other matters to the Commission by the Board, to arbitrate
zone boundary disputes and to hear any other matter on which present
or future state statutes may require action of the Commission.
[Amended 9-27-2010 by Ord. No. 10-5]
The corporate authority is the Village Board
of Harristown. It shall be the authorized body for making final decisions
on all matters referred to it by the Plan Commission and for purposes
of this Code shall be referred to as the "Board."
(A)
Proper procedures. The Board is hereby restrained
by this Code from making a decision on any zoning matter which has
not been submitted to the proper public hearings, nor without first
having received a report of the Plan Commission.
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The Board shall have the right to adopt, reject,
or modify the recommendation of the Plan Commission.
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[Amended 11-27-2023 by Ord. No. 23-22]
The Village Clerk is an official of the Village
of Harristown and is hereby empowered to receive and keep records
of all zoning petitions, fees, and reports of the Plan Commission,
and is further responsible for the yearly publication of the updated
version of the Official Zoning Map.
Legal counsel is an attorney retained by the
Village of Harristown who is responsible for giving legal advice to
both the Board and Commission.
Planning staff is any qualified land use planner
which the Board may designate to assist the Village and the Commission
in zoning and related land use matters, and from time to time, to
make special zoning studies for the Commission.
The Recording Secretary is the Secretary of
the Commission and is responsible for taking Commission minutes, carrying
on correspondence with the Board, and referring to the Board recommendations
of the Plan Commission.
