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TO: Mayor Thomas J. Weisner
FROM: Stephane Phifer, Planning and Zoning Director
DATE: April 7, 2014
SUBJECT:
An Ordinance Amending Sections 10.4; 11.1; 11.2; 11.3 and 14.1-1 of the Aurora Zoning Ordinance.
PURPOSE:
Attached is an ordinance amending certain sections of the Aurora Zoning Ordinance to consolidate the governing provisions related to the Planning Commission and Zoning Board of Appeals into one location in the City's Code of Ordinances (Chapter 34, Article II and Chapter 34, Article IV respectively) and to revise Section 14.1-1 Penalties.
BACKGROUND:
The provisions and by-laws of the Planning Commission and Zoning Board of Appeals have not been amended since 1969 and 1989 respectively and were in need of modernizing and updating to better meet the needs of the City and the Commission and Board. The Penalties Section needed to be updated to reflect current state statue.
DISCUSSION:
The proposed amendment to the Zoning Ordinance will reference the new City Code of Ordinances locations for these two recommending bodies, and the penalties section will reflect the current statute maximum of five hundred dollars ($500.00) for fines.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this amendment to the Zoning Ordinance will have a positive impact on the City's health, welfare, overall tax base and viability.
RECOMMENDATIONS:
The Planning Commission, on April 16, 2014, recommended approval of the Ordinance Amending Sections 110.4; 11.1; 11.2; 11.3 and 14.1-1 of the Aurora Zoning Ordinance.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Sections 10.4; 11.1; 11.2; 11.3 and 14.1-1 of the Aurora Zoning Ordinance.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, in furtherance of its home rule powers, it is necessary and desirable for the City to amend certain sections of the Aurora Zoning Ordinance to consolidate Planning Commission and Zoning Board of Appeals provisions into one location in the Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Section 10.4 of the Aurora Zoning Ordinance be and hereby is amended as follows:
10.4 Zoning board of appeals. The zoning board of appeals of the City of Aurora, which has been duly created by the mayor and the city council, shall have the authority, responsibility and duties set forth herein and by other applicable city ordinances.
10.4-1.Zoning board of appeals established. There is hereby established a zoning board of appeals. Said zoning board of appeals shall consist of seven (7) members appointed by the city council of the City of Aurora. Three (3) to be appointed by the mayor and one (1) by each commissioner.
One (1) for one (1) year;
One (1) for two (2) years;
One (1) for three (3) years;
One (1) for four (4) years;
One (1) for five (5) years;
One (1) for six (6) years;
One (1) for seven (7) years.
The successor of each member so appointed shall serve for a term of five (5) years. Vacancies shall be filled by the city council for the unexpired term. Members may be removed by the city council for cause after written charges have been filed and after a public hearing has been held if demanded by the member so charged. One (1) of the members of said zoning board of appeals at the time of his appointment shall be designated by the city council of the City of Aurora, as chairman of said zoning board of appeals and shall hold said office as chairman until a successor is appointed. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.
The zoning administrator shall be the executive secretary and shall attend all meetings called by the board. The zoning board of appeals shall have a secretary and may employ a court reporter that shall make and keep a record of all of its meetings and official acts.
The zoning board of appeals in existence at the time of the passage of this ordinance shall be recognized as the zoning board of appeals established under the provisions of this ordinance, and the members previously appointed under the old ordinance shall be recognized as members thereof, and shall serve for such period of time as designated at time of appointment--the time to run from the date of the original appointment under the old ordinance.
10.4-2. RESERVED Jurisdiction. The zoning board of appeals is hereby vested with the following jurisdiction and authority:
10.1-1.1. To hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator under this ordinance;
10.1-1.2. To hear and pass upon applications for variations from the terms provided in this zoning ordinance in the manner prescribed by, and subject to, the standards established herein;
10.1-1.3. To hear and decide all matters referred to it or upon which it is required to pass under this zoning ordinance as prescribed by statute.
Meetings. All meetings of the zoning board of appeals shall be held at the call of the chairman and at such other times as the zoning board of appeals may determine. Notice for these meetings shall be conducted pursuant to the Amendment Section hereof. All such meetings of the zoning board of appeals shall be open to the public.
The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case and the reasons for granting or denying such application shall be specified. Every rule, regulation and every order, requirement, decision, or determination of the zoning board of appeals shall immediately be filed in the office of the secretary and shall be of public record.
The zoning board of appeals meeting shall be recorded on tape and maintained on file at the city for a period of seven (7) years.
The zoning board of appeals shall adopt its own rules of procedure and may require submission to each record, plats and other information necessary to make its determinations. A copy of said rules and procedure, and all recommendations thereto, shall be filed in the office of the secretary.
The minutes of the zoning board of appeals shall be open to public examination at reasonable hours.
Expenses incurred by the zoning board of appeals are to be itemized and shall be borne by the City of Aurora.
Each member of the Aurora zoning board of appeals shall receive the sum of ten dollars ($10.00) as compensation for each meeting attended. The amount of said compensation may be increased from time to time by council resolution without the necessity of public hearing thereof.
10.4-4. Finality of decisions of the zoning board of appeals. All decisions and findings of the zoning board of appeals, on appeal or upon application for a variation after a hearing shall, in all instances, be final administrative determinations and shall be subject to review by court as by law may be provided.
Section Two: That Section 11 of the Aurora Zoning Ordinance be and hereby is amended as follows:
11.1. Planning Commission. The plan commission of the City of Aurora, which has been duly created by the mayor and the city council, shall have the authority, responsibility and duties set forth herein.
11.2. Jurisdiction. RESERVED
11.2.1To hear and report findings and recommendations to the mayor and city council on all applications for amendments and special use permits in the manner prescribed by standards and other regulations set forth herein;
11.2.2 To initiate, direct and review, from time to time, studies of the provisions of this ordinance, and to make reports of its recommendations to the mayor and city council not less frequently than once each year; and
11.2.3 To hear and decide all matters upon which it is required to pass under this ordinance.
11.3. Meetings and rules. RESERVED
11.31.1 All meetings of the plan commission shall be held at the call of the chairman and at such time as the plan commission may determine. In all official proceedings, the chairman, or in his absence, the acting chairman of the plan commission, shall have the power to administer oaths and compel by subpoena the attendance and testimony of witnesses and the production of books and papers. The plan commission shall keep minutes of its 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. A copy of every rule or regulation, every appearance, variation and every recommendation, order, requirement, decision or determination of the plan commission shall be filed immediately in the office of the department of city planning and zoning administrator and shall be a public record. The plan commission shall adopt its own rules and procedures, not in conflict with this ordinance or with applicable Illinois Statutes. All hearings shall be open to the public.
Section Three: That Section 14.1-1 of the Aurora Zoning Ordinance be and hereby is amended as follows:
Section 14. Penalties
14.1-1. Any person or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction, shall be fined not less than fifty dollars ($50.00) and not more than two five hundred dollars ($2500.00), for each offense, and each day of the existence of any violation shall be deemed a separate offense.
Section Four: That Chapter 34 be and hereby is amended by adding a new Article IV to Chapter 34 of the Aurora Code of Ordinances as follows: (Stephane take all language from other Ordinance and add here so there is only one Ordinance)
Section Five: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Six: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Seven: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar Number: 14-00291