Ordinance 2016-45 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2016-45
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS
CREATING A PLANNING AND ZONING COMMISSION
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 28"'day of June, 2016
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on July 7, 2016.
Ordinance No. 2016-y_!�_
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS
CREATING A PLANNING AND ZONING COMMISSION
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the Yorkville City Code established a Plan Commission and Zoning
Board of Appeals to perform such functions and duties as provided in Divisions 12 and
13 of the Illinois Municipal Code(65 ILCS 5/11-13-1 et seq.); and,
WHEREAS, the City desires to assign the functions and duties of the Plan
Commission and Zoning Board of Appeals to a new single Commission to be known as
the Planning and Zoning Commission; and,
WHEREAS, a single Planning and Zoning Commission will allow for greater
efficiency in the holding of hearings and provide for a Commission that has a greater
scope and understanding of the zoning and subdivision processes of the City.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That Section 2-1-1,of Chapter 1, PLAN COMMISSION, of the
Yorkville City Code is hereby amended to read as follows:
"2-1-1: COMMISSION ABOLISHED
Effective July 31, 2016 the Plan Commission shall be abolished and its functions
and duties shall be transferred to the Planning and Zoning Commission. Wherever in the
Yorkville City Code there is a reference to Plan Commission it shall be construed to
mean the Planning and Zoning Commission"
Section 2: That Section 2-1-2,2-1-3 and 2-1-4 of Chapter 1, PLAN
COMMISSION, of the Yorkville City Code be and are hereby repealed.
Section 3: That Section 2-2-1, of Chapter 2,ZONING BOARD OF APPEALS, of
the Yorkville City Code is hereby amended to read as follows:
"2-2-1: BOARD ABOLISHED
Effective July 31, 2016 the Zoning Board of Appeals shall be abolished and its
functions and duties shall be transferred to the Planning and Zoning Commission.
Wherever in the Yorkville City Code there is a reference to the Zoning Board of Appeals
it shall be construed to mean the Planning and Zoning Commission"
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Page 2
Section 4: That Section 2-2-2, 2-2-3 and 2-2-5 of Chapter 2, ZONING BOARD
OF APPEALS, of the Yorkville City Code be and are hereby repealed.
Section 5: That Title 2, Chapter 9, PLANNING AND ZONING COMMISSION,
be and is hereby added to the Yorkville City Code to read as follows:
"Chapter 9
ZONING AND PLANNING COMMISSION
2-9-1: ESTABLISHMENT:
Effective July 31, 2016 there is hereby established a Planning and Zoning Commission
that shall assume jurisdiction of all matters previously assigned to the Zoning Board of
Appeals and the Planning Commission. Any reference in this Title or in the Yorkville
City Code to the Zoning Board of Appeals or the Planning Commission shall mean the
Planning and Zoning Commission as established in this chapter.
2-9-2: MEMBERSHIP; APPOINTMENT; COMPENSATION:
The Planning and Zoning Commission shall be composed of seven(7)members, all of
whom shall reside within the City. The Commission members shall be appointed by the
Mayor,with the advice and consent of the City Council. One(1)of the members
appointed shall be named as chairperson at the time of his appointment. At the beginning
of each fiscal year, the Commission shall elect a vice-chairperson. In the performance of
its duties, the Commission may incur such expenditures as shall be authorized by the
corporate authorities. Each member of the Commission shall receive for their services
such compensation, if any, as is determined from time to time by the corporate
authorities.
2-9-3: TERMS OF OFFICE; VACANCIES; REMOVAL:
Each member of the Commission will serve respectively for the following terms and until
a successor has been appointed: two (2) for one(1)year,two (2) for two(2)years, two
(2) for three(3) years, one(1) for four(4) years; the successor to each member appointed
shall serve for a term of four(4) years. Vacancies on the Commission shall be filled for
the unexpired term of the member whose place has become vacant in the same manner as
providing for the appointment of new members. The Mayor shall have the power to
remove any member of the Commission for cause after a public hearing.
2-9-4: MEETINGS; QUORUM:
Meetings of the Commission shall be held at the call of the chairperson or Community
Development Director and at such other times as the Commission may determine. All
regular meetings of the Commission shall be held at City Hall and all meetings shall be
open to the public in accordance with the Open Meetings Act. The chairperson or,in his
Ordinance No.2016-45
Page 3
or her absence,the vice-chairperson may administer oaths and compel attendance of
witnesses. The presence of at least four(4)members of the Commission shall be
necessary to constitute a quorum. The affirmative vote of at least four(4)members shall
be required to approve or recommend any action to the Mayor and City Council
2-9-5 RECORDS:
The Commission may adopt its own rules of procedures consistent with this Title and
applicable state statutes. The Commission shall keep a record of its own proceedings,
showing the vote of each member upon each question, or, if absent or failing to vote,
indicating such fact, and shall also keep records of its hearings and other official actions.
Findings of fact shall be included in the minutes of each case where required and the
reasons for approving or denying such case shall be specified. All records of
proceedings, findings, determinations and actions of the Commission shall be filed
immediately in the office of the Community Development Director and shall be a public
record.
2-9-6 DUTIES:
The duties of the Planning and Zoning Commission are as follows:
A. To perform such duties as provided by the previous Plan Commission as specified
in Section 2-1-5, POWERS, of the Yorkville Zoning Ordinance.
B. To perform such duties as provided by the previous Zoning Board of Appeals as
specified in Section 2-2-4, JURISDICTION AND AUTHORITY, of the Yorkville
Zoning Ordinance.
C. To perform such duties of a plan commission as authorized by Division 12 of the
Illinois Municipal Code(65 ILCS 5/11-12-1 et seq.).
D. To perform such duties of a zoning board of appeals as authorized by Division 13
of the Illinois Municipal Code(65 ILCS 5/11-13-1 et seq.).
E. To perform such additional duties as are outlined in the Yorkville Zoning
Ordinance,the Yorkville City Code or the Illinois Municipal Code."
Section 6: This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of _7�4 cQ F� , 2016.
CITY tLERK
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t
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
DIANE TEELING SEAVER TARULIS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
J� day of J uLY 92016.
c .
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