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Home My WebLink AboutLand Use Commission RulesLA N D U S E C O M M I S S I O N Rules & Procedures Adopted January 12, 2022 As Amended April 26, 2023 EVANSTON LAND USE COMMISSION RULES &PROCEDURES Table of Contents ARTICLE I GENERAL PROVISIONS 2 ARTICLE II COMMISSION POWERS &DUTIES 3 ARTICLE III MEMBERSHIP 5 ARTICLE IV GENERAL APPLICATION REQUIREMENTS 7 ARTICLE V FILING &SCHEDULING PROCEDURES 8 ARTICLE VI MEETINGS &PUBLIC HEARINGS 9 ARTICLE VII ORDER OF BUSINESS 11 ARTICLE VIII PROCEDURES FOR HEARING CASES 11 ARTICLE IX RECOMMENDATIONS &FINAL DETERMINATIONS 15 ARTICLE X MATTERS PREVIOUSLY DECIDED 16 ARTICLE XI SPECIAL REGULATIONS FOR APPEALS 16 ARTICLE XII COMPREHENSIVE GENERAL PLAN &AREA PLANS 17 ARTICLE XIII SUBCOMMITTEES 18 ARTICLE XIV AMENDMENT OF RULES 18 ARTICLE I –GENERAL PROVISIONS SECTION 1 –PURPOSE The City Council establishes a Land Use Commission to provide for planning the future development and redevelopment of the Municipality as authorized by Division 12 of the Illinois Municipal Code,65 ILCS 5/11-12-4 et seq,hear and decide major variations from provisions of the Zoning Ordinance,hear and decide appeals of the Zoning Administrator, hear and make recommendations to the Planning and Development Committee and City Council on applications for certain major variations,all special use permits including planned developments,and applications for map amendments and text amendments to the Zoning Ordinance. Planning by the Land Use Commission may be directed toward the following ends: A.Adoption by the City Council of an Ofﬁcial Comprehensive General Plan or geographic or functional parts thereof,showing the present and future use and development or redevelopment of land in the City,including general statements of policy and objectives.Such Plan in itself shall not be regulatory but shall be for the general guidance of local governments and others. B.Adoption by the City Council of new or amended zoning,building construction,and other regulations or ordinances,all designed to bring about the desired use and development or redevelopment of land as indicated in speciﬁc or general terms by the Ofﬁcial Comprehensive General Plan. C.Adoption from time to time by the City Council,when changed conditions warrant or it is otherwise desired,changes or amendments in the previously adopted Ofﬁcial Comprehensive General Plan,regulations,ordinances,and programs. D.Providing for the review of and preparation of reports,recommendations,or actions on matters relating to plans for development or redevelopment of the City,public improvements,and any matters relating to the implementation of the Comprehensive General Plan. SECTION 2 –AUTHORIZATION The establishment of this Commission is provided for in Title 2,Chapter 19 of the City Code by Ordinance 92-O-21. These rules are supplementary to the City of Evanston Code of Ethics,Title 1,Chapter 10 of the Evanston City Code,2012,as amended,and the City of Evanston’s home rule Zoning Ordinance,Title 6 of the Evanston City Code,1993,as amended,and are adopted pursuant to the authority contained therein. 2 of 18 Adopted January 12,2022,as amended April 26,2023 These rules are to be read in conjunction with 65 ILCS,5/11-13-1,et seq."Zoning"and 5 ILCS,120/1,et seq."Open Meetings"and Ordinance 15-0-78,"Requiring Disclosure of Ownership Interests of Entities Seeking City Council Approval on Real Estate Matters". These rules shall be followed in conjunction with and compliance with the current edition of Robert ’s Rules of Order,which shall be used in any instance in which the Land Use Commission Rules are otherwise silent. Nothing contained herein shall be construed to give or grant the Commission the power or authority to amend or change the Zoning Ordinance,which authority is reserved to the City Council. SECTION 3 –OPEN MEETINGS ACT (“OMA”) All meetings and public hearings of the Commission,as deﬁned in the Illinois Open Meetings Act,5 ILCS 120/1 et seq.,as amended,shall be open to the public and subject to public notice requirements. Information concerning any pending case shall be obtained only from the Secretary of the Commission and shall be posted on the City website and available to the public before the meeting.Discussion of the merits of any pending case by the public with any Commissioner, except by sworn testimony at a public hearing,is improper and may be considered prejudicial. All meetings and hearings shall follow up with audio-visual recordings,meeting actions, and/or meeting minutes that are available to the public. ARTICLE II –COMMISSION POWERS &DUTIES This Article may require updating as the Zoning Ordinance or Land Use Commission establishing Ord.92-O-21 are amended from time to time.In the case of conﬂict,the Evanston Municipal Code shall prevail over these rules. SECTION 1 –DUTIES AS THE DETERMINING BODY Major Variations:The Commission shall formulate ﬁnal determinations for any application for Major Variations (notwithstanding Certain Major Variations as described in Section 2 of this Article),and any combined application for Major and Minor Variations pursuant to Section 6-3-8 of the Zoning Ordinance. Appeal of Minor &Fence Variations:The Commission shall formulate ﬁnal determinations for any Appeal of a decision to a Minor and/or Fence Variation made by the Zoning Administrator. 3 of 18 Adopted January 12,2022,as amended April 26,2023 Appeal of Decisions made by the Zoning Administrator including Time Extensions:The Commission shall formulate ﬁnal determinations for any Appeal of a decision made by the Zoning Administrator in the administration or enforcement of the Zoning Ordinance. SECTION 2 –DUTIES AS THE RECOMMENDING BODY Comprehensive General Plan:The Commission shall formulate recommended policy to the City Council for a Comprehensive General Plan,geographic or functional parts thereof, showing the present and future use and development or redevelopment of land in the City, including general statements of policy and objectives.Such Plan in itself shall not be regulatory but shall be for the general guidance of local governments and others.The Commission shall formulate recommended changes or amendments to the Plan, geographic or functional parts thereof when changed conditions warrant or it is otherwise desired. Text &Map Amendments:The Commission shall formulate recommended policy to the City Council for Text &Map Amendments to Zoning Ordinance,Title 6 of the Evanston City Code, 1993,as amended,when changed conditions warrant or it is otherwise desired. Special Uses including Planned Developments,&Unique Uses:The Commission shall study site-speciﬁc requests and make recommendations with conditions to the City Council for Special Uses including Planned Developments,and Unique Uses. Certain Major Variations:The Commission shall study site-speciﬁc requests and make recommendations with conditions to the City Council for certain Major Variations pursuant to Section 6-3-8 of the Zoning Ordinance including but not limited to off-street parking and loading for all uses other than single-family and two-family residential,and height beyond ﬁfty (50)feet. SECTION 3 -ADDITIONAL DUTIES Studies &Reports:The Commission shall initiate studies,reports,and recommendations to the City Council on matters concerning the present or future development or redevelopment of the City. Governmental Proposals:The Commission shall study,review,and prepare recommendations on plans and proposals of other departments of the City government which relate to the implementation of the Comprehensive General Plan. Other Matters:The Commission shall hear and decide or make recommendations on any other matters referred by the City Council. SECTION 4 –POWERS TO CARRY OUT DUTIES To carry out the above duties,the Land Use Commission shall have the following powers: 4 of 18 Adopted January 12,2022,as amended April 26,2023 1.To invite the advice and assistance of persons having special knowledge,experience, or interest in the needs or problems which are receiving consideration by the Land Use Commission.Such advisors may include,among others,ofﬁcials of an adjoining municipality or of other local governments or other persons not living in the City. 2.To conduct such public hearings as required and as it deems necessary to gather information and ideas needed for a thorough review of the Comprehensive General Plan. 3.To promote the realization of the Comprehensive General Plan and the community objectives it incorporates through public education and other means. 4.To request from the Community Development Department such staff time as may be required to assist the Land Use Commission in carrying out its duties. 5.To establish subcommittees of the Land Use Commission as necessary. 6.To designate a spokesperson or representative to speak on behalf of the Commission before the City Council,City Council committees,and other public meetings as necessary. 7.To adopt additional Rules &Procedures deemed necessary to conduct meetings and public hearings and to carry out the duties of the Commission,in conjunction with and compliance with Roberts’Rules of Order and the OMA. None of the above,without prior approval by the City Council,shall include the power to obligate the City for compensation to any person or organization. ARTICLE III –MEMBERSHIP SECTION 1 –MEMBERSHIP Appointments of members shall be for four (4)years and shall consist of no more than two terms.Membership shall be appointed by the Mayor,subject to conﬁrmation by the City Council.Membership shall consist of nine (9)members.A quorum shall consist of the majority of the appointed members of the Land Use Commission at any given time. All appointed members of the Land Use Commission shall serve as such without compensation and shall abide by the City's Code of Ethics set forth in Section 1-10-4 of the Municipal Code,as amended. In the event the Chair determines a member’s attendance is hindering the ability of the Commission to perform its duties,the Chair may request the Mayor speak to and possibly remove said member.If a member has been unable to attend all meetings during a consecutive period of four (4)months,such absence may be construed,after notice to the member thereof,as a resignation from the Commission. SECTION 2 –OFFICERS Commission membership shall include the following ofﬁcer positions: 5 of 18 Adopted January 12,2022,as amended April 26,2023 Chair:At the end of each year,the Commission shall elect a Chair to serve for the following year,with eligibility for re-election.The Chair shall supervise the affairs of the Commission and preside over all meetings. Vice-Chair:At the end of each year,the Commission shall elect a Vice-Chair to serve for the following year,with eligibility for re-election,whenever the Chair is absent or is unable to serve. Commission Liaisons:At the end of each year,the Commission shall elect Commission Liaisons for pertinent standing committees in the City that are related to the cases and duties of the Land Use Commission.Liaisons shall attend committee meetings and provide input as it relates to the Land Use Commission.Standing committees that may,but not shall, have Land Use Commission liaisons include the Inclusionary Housing Ordinance Subcommittee and other committees as appropriate. Subcommittee Ofﬁcers:At the ﬁrst meeting of any subcommittee meeting,the Subcommittee shall elect pertinent ofﬁcers including,but not limited to,a Subcommittee Chair and Vice-Chair. SECTION 3 –STAFF SUPPORT Staff support shall include the following position: Secretary:The Planning &Zoning Manager,or his/her/their designee,shall serve as Secretary of the Commission and is responsible for the following duties: 1.Be custodian of the active cases of the Commission and keep all records; 2.Ensure the preservation of all ﬁles on which Commission action has been completed; 3.Conduct the correspondence of the Commission; 4.Schedule cases and inform applicants of timeframes,deadlines,and expectations for hearings; 5.Publish qualifying cases for public hearings in a local newspaper as required by law, provide mailed notice of qualifying cases as required by the Zoning Ordinance,and post public hearing signs on qualifying properties as required by the Zoning Ordinance; 6.Prepare a written memorandum for each agenda item that describes the request, background information,impacts,ramiﬁcations,alternatives,and a staff recommendation; 7.Ensure audio-visual recordings,meeting actions,and/or meeting minutes of all Commission meetings are available to the public; 8.To prepare in cooperation with the Land Use Commission and within the policy framework established by the Land Use Commission,a Comprehensive General Plan 6 of 18 Adopted January 12,2022,as amended April 26,2023 or amendments to an existing Plan,for the present and future development or redevelopment of the City; 9.To serve as the liaison between the City administration and the Land Use Commission,and professional consultants retained by the City to undertake general or speciﬁc studies related to the preparation,modiﬁcation,or implementation of the Comprehensive General Plan; 10.Provide interpretation of the City Code as it relates to matters heard by the Commission; 11.Perform other additional duties as may be requested by the Commission and determined to be appropriate duties to engage in. ARTICLE IV –GENERAL APPLICATION REQUIREMENTS SECTION 1 –APPLICANTS Any case heard by the Commission shall have an ofﬁcial applicant listed on the application submission and shall be a property owner,authorized representative,contract purchaser, 99-year lessee,City staff initiated,City Council referral,or other governmental agency.In the case of an Appeal,the Appellant shall be an aggrieved party. A certiﬁcate of disclosure of ownership interests of entities seeking recommendation or approval on real estate matters shall be ﬁled with any application on property not held in sole ownership by the applicant. SECTION 2 –COMPLETE SUBMISSION Any case heard by the Commission shall feature a complete application with all necessary supporting documents and shall include requests for all zoning relief needed to allow the proposal so that the case may be heard as a whole and in its entirety.In any case,where physical improvements are contemplated,or deemed necessary,plans which are sufﬁcient in detail for a Zoning Analysis shall ﬁrst be submitted to the Community Development Department for review by City staff. SECTION 3 –ALTERNATIVE PROPOSALS Any application may propose alternative forms of relief for the same proposal,providing a separate ﬁling fee,if applicable,is paid for each alternative request so ﬁled and each case is properly noticed in the newspaper and to neighboring properties. SECTION 4 –PROSPECTIVE PROPOSALS Applications may not be ﬁled which are prospective concerning a proposed change to the Zoning Ordinance.However,if a petition or reference has been made and publicly noticed in the newspaper for the Land Use Commission or a subcommittee thereof,such case may proceed at the applicants'own risk.Such case shall not receive a ﬁnal determination until and unless such original petition or reference is ﬁrst determined by the authorized body. 7 of 18 Adopted January 12,2022,as amended April 26,2023 ARTICLE V –FILING AND SCHEDULING PROCEDURES In addition to the general application requirements,the following speciﬁc requirements apply based on the type of relief requested: SECTION 1 –COMPLETE APPLICATION The Secretary of the Commission shall determine application completeness and may request or insert additional documents or information as is necessary and pertinent to the case at hand. SECTION 2 –SCHEDULING Once an application has been deemed complete by staff,such case shall be scheduled to a date(s)certain for pertinent committee meetings and recommending bodies as required by the City Code,including but not limited to,the Historic Preservation Commission,and then the Land Use Commission.Meeting dates shall be adjusted as necessary to accommodate continuances or cancelations at prior meetings.Applications shall be processed and scheduled for committee meetings and the Land Use Commission in a timely manner. Scheduling of cases is subject to Commission quorum and/or availability of agenda space.In the event of a backlog of cases to be heard by the Commission,cases will be scheduled for the next available regular or special meeting that has agenda space.In the event the applicant is not present at a meeting for which notice has been given (i.e.agenda,mailed notice,published newspaper,etc.),the matter may be continued to the next regularly scheduled meeting. SECTION 3 –NOTICE REQUIREMENTS FOR PUBLIC HEARINGS The Secretary of the Commission shall give due notice of the time,place,and subject of every application to consider proposed map and text amendments,planned developments, unique uses,or changes to the Comprehensive General Plan,not more than thirty (30)days nor less than ﬁfteen (15)days before the meeting by publishing a notice thereof at least once in one or more newspapers published in the City in compliance with the requirements of the Zoning Ordinance. Mailed Notices shall be processed by the Secretary and may use a third party to fulﬁll the mailed notice requirements in compliance with the requirements of the Zoning Ordinance and as outlined in Article VI,Section 6 of these rules.Failure to deliver such notice,however, shall not invalidate a case or hearing.Subsequent notices are not required for continuances. A sign (freestanding or window)shall be posted on the subject property by the Secretary a minimum of ten (10)days before the public hearing indicating the place,time,and date of the hearing,and how to obtain additional information regarding the case. 8 of 18 Adopted January 12,2022,as amended April 26,2023 ARTICLE VI –MEETINGS &PUBLIC HEARINGS SECTION 1 –MEETING SCHEDULE Land Use Commission meetings shall be held twice monthly,typically on the second and fourth Wednesday of the month at 7:00 pm,in Council Chambers at the Civic Center. Meetings may be held virtually in addition to or in place of in-person meetings per OMA. Virtual participation by members of the public may be permitted in conjunction with in-person participation at the discretion of the Chair,provided virtual meeting information is published per OMA and notice requirements for public hearings.Meeting dates and times may vary depending on Commissioner availability,agenda management,holidays,and/or meeting room availability,and are subject to conﬁrmation by the Commission Chair and proper public notice.A yearly meeting schedule shall be adopted by the Commission at the end of each calendar year that speciﬁes all regular meeting dates for the upcoming year and published for public viewing per OMA. SECTION 2 –ADDITIONAL OR RESCHEDULED MEETINGS Additional or rescheduled meetings of the Commission may be held as needed,provided public notice of said hearing is published as required. SECTION –RECUSAL No member of the Commission who has a ﬁnancial interest in the property or the affairs of a petitioner or affected owner,or who believes he/she/they have some other direct conﬂict of interest,shall participate in any discussion,questioning,or voting as a Commissioner in the matter involving such property or person.Recusal by any Commissioner shall be clearly stated before the start of said agenda item.Any Commissioner who has recused themselves from any agenda item shall leave the dais. SECTION 4 –OATH &SWEARING IN For each individual case requiring a public hearing,an oath shall be administered to all persons intending to testify or who may be called to testify during the course of a public hearing.In the case of a hearing that was continued from a previous meeting,the Chair shall remind those who were previously sworn in that they remain under oath. SECTION 5 –TESTIMONY &PRESENTATION OF EVIDENCE All meetings and hearings shall provide time for public testimony and public comment.To allow for all public testimony and public comment to be voiced in a timely manner,a time allotment of no more than 3 minutes per person is hereby established.This time allotment may be adjusted dependent upon the number of those signed up to speak for any individual case at the discretion of the Chair.Any established time limit may be adjusted by the Chair to accommodate extraordinary circumstances.When allotting speaking time,the Chair may give additional speaking time to those who have a legal interest in real property within the speciﬁc mailed notiﬁcation requirements listed below. 9 of 18 Adopted January 12,2022,as amended April 26,2023 Planned Development,Unique Use 1,000-foot radius Map Amendment,Special Use,Major Variation, Appeal of Decisions made by the Zoning Administrator including Time Extensions 500-foot radius Appeal of Minor and Fence Variations 250-foot radius Text Amendment,Comprehensive Plan,Other Plans No mailed notice boundary/ Testimony from all residents accepted Any person who resides outside of the applicable radius or boundary may give public comment.However,such public comment shall not be construed as testimony or presentation of evidence.Any person residing within the applicable radius may provide public testimony and presentation of evidence. SECTION 6 –CONTINUANCES Any person with a legal interest in real property within the notiﬁcation boundary for a said case,as stated in Section 6 above,shall have the right to request a continuance of a case. Any request for continuance shall be made in writing and include the speciﬁc reason(s)the continuance is necessary.The continuance shall be read into the record and a motion to continue shall be called by any member of the Commission,seconded and a roll call vote shall be called.The continuance may be granted if the motion carries by a simple majority. In the interest of time and receiving testimony from those who are already present at a meeting,the Chair may determine whether it is appropriate to allow testimony to proceed on a given case when a continuance has been requested.If the Chair so determines,the request for continuance shall be heard at the conclusion of public testimony and public comment.A continuance may be granted at the Commission's discretion upon showing the case is unable to proceed with testimony,evidence,or cross examination at the current meeting for good cause.Any Commissioner may move a continuance by stating the speciﬁc reason. Should the request for a continuance of said case be granted,public announcement shall be made of the date certain upon the continuance being granted.Any continued case shall hear only new testimony and receive new evidence speciﬁc to the reason for the continuance. Should the request for a continuance of said case be denied,the case shall continue. 10 of 18 Adopted January 12,2022,as amended April 26,2023 ARTICLE VII –ORDER OF BUSINESS SECTION 1 –GENERAL ORDER OF BUSINESS Meetings of the Commission shall ordinarily proceed as follows,but may be adjusted by the Chair for good reason: 1.Introductory statements and declaration of quorum 2.Approval of past meeting minutes 3.Old business -hearing of testimony and/or deliberation on continued matters 4.New business -hearing of testimony and deliberation on new matters 5.Communications -upcoming agenda items,meeting dates,training,general housekeeping 6.Public comment regarding non-agenda items 7.Adjournment Procedures for public hearings for Old and/or New business are detailed in Article VIII - Procedures for Hearing Cases. SECTION 2 –MEETING TIME LIMITS No new case shall begin after 10:00 pm and Commission meetings shall end at 11:00 pm unless the Chair determines it is in the interest of the Commission and the public to proceed. Any matter on the agenda not completed at said meeting shall be rescheduled to the next regularly scheduled meeting or to a date certain. ARTICLE VIII –PROCEDURES FOR HEARING CASES All cases requiring a public hearing shall be conducted in the order set forth below: SECTION 1 –CASE INTRODUCTION Each case shall begin by introducing the matter and shall include the case number,address of the subject property or properties associated with the request and an explanation of the request or the relief sought.The Chair shall explain procedures for the conduct of the case, including but not limited to any time limits,rules governing public comment,that repetition should be avoided,and that all testimony must be relevant to the matter at hand. If an applicant fails to appear,the Chair may entertain a motion to dismiss the matter or continue the matter to a date certain. SECTION 2 –OPENING THE PUBLIC HEARING Immediately following the Case Introduction and before hearing any testimony or receiving any evidence from the applicant,staff,or interested members of the public,the Chair shall announce that the public hearing is now open. 11 of 18 Adopted January 12,2022,as amended April 26,2023 SECTION 3 –STAFF PRESENTATION Staff may provide a brief presentation summarizing the staff report and/or pertinent information for the beneﬁt of the Land Use Commission and the public. SECTION 4 –APPLICANT’S PRESENTATION The applicant shall explain the proposal and may provide additional evidence and testimony. Materials submitted to the Commission before the hearing and available to the general public on the City website,including the staff report and recommendation,shall be part of the record.The applicant shall be limited to a presentation of no more than 20 minutes.A written request for additional time shall be submitted to the Secretary no later than 5 business days before the scheduled date at which the case is scheduled and may be approved by the Chair or the Secretary. SECTION 5 –PUBLIC COMMENT,TESTIMONY,&CROSS-EXAMINATION Following the applicant’s presentation,Commissioners may ask questions about the proposal and Standards for Approval.The applicant shall then be given the opportunity to respond. Once all Commissioners’questions are addressed,persons with a legal interest in real property within the notiﬁcation boundary for a case as stated in Article VI,Section 5,may ask questions about the proposal and Standards for Approval,provide testimony,and present evidence.The applicant shall then be given the opportunity to respond. Before the start of public comment and public testimony,the Chair shall remind the public of the general rules regarding time limits and rules governing public comment,testimony,and cross examination.The Chair may exclude any question or cross examination which is argumentative or irrelevant. At the Chair’s discretion,time not to exceed 10 minutes may be granted to designated speakers of community groups to provide public testimony or public comment on behalf of the group.A written request for time shall be submitted to the Secretary no later than 5 business days before the scheduled date at which the case is scheduled and may be approved by the Chair or the Secretary.The request for time shall include documentation that states the following: ●The name of the community group,including any legal recognition; ●A list of individuals or institutions being represented. Examples of group names may include geographical area,institution,or interest.This documentation shall not be considered a petition as otherwise described herein. 12 of 18 Adopted January 12,2022,as amended April 26,2023 The Commission reserves the right to seek clariﬁcation of any public comment or testimony and cross-examine any member of the public that speaks in a hearing. SECTION 6 –SUBMITTAL OF EVIDENCE &PETITIONS Any materials to be presented in the Commission’s packet that posts on the City website shall be transmitted digitally to the Secretary no less than 5 business days before the Land Use Commission meeting where such material is discussed or considered.Such materials will be included in the information packet for the Commission and posted to the City website for public view.Materials transmitted less than 5 business days before the Land Use Commission meeting where such material is discussed or considered shall be accepted but may not be posted to the City website in advance of the meeting start time. A petition favoring or opposing a proposal may be submitted.Such a petition shall contain a brief statement of the position of the signatories,their printed names,addresses, signatures,and whether each name listed holds a legal interest within the notice boundary area (when applicable).No petition will be admitted into evidence unless the submitter certiﬁes that he/she/they collected all signatures on the petition and that each person signing the petition did so in the presence of the person submitting the petition.A petition provided to the Commission only has a legal effect for Map Amendments and Unique Uses. Any petition received in conformity with this section,for other matters before the Commission,will be included as public testimony or public comment. Written public testimony or public comment favoring or opposing a proposal may be submitted.Written public testimony or public comment received in a digital format (via public comment form,email,or other written digital mechanism)received no later than 5:00 pm the Thursday before the duly noticed meeting date will be included in the initial meeting agenda and packet posting and distribution.Written public testimony or public comment received in a digital format (via public comment form,email,or other written digital mechanism)received no later than 3:00 pm the day before the meeting will be distributed to the Land Use Commission directly via email for their review.Any comments received after 3:00 pm the day before the meeting may be distributed to the Commission at the meeting. Those seeking to provide public testimony or public comment shall provide their ﬁrst and last name and may provide their address. SECTION 7 –REQUESTS FOR CONTINUANCE Any request for continuance shall include the speciﬁc reason(s)the continuance is necessary. Any member of the public who comments or testiﬁes during the initial public hearing shall not be permitted to re-state the same comments or testimony at the continued hearing.Any 13 of 18 Adopted January 12,2022,as amended April 26,2023 case begun at a previous hearing shall only hear new testimony and receive new evidence if testimony remained open at the hearing the continuance was granted. Any case for which a continuance is granted by the Commission shall be continued by public announcement to a date certain.Whenever a case is continued to a date certain,no additional notice or publication of notice shall be required providing the notice of the initial hearing met all legal requirements. Any Commissioner absent from all or a part of a previous public hearing that was continued, who certiﬁes that he/she/they have read the minutes and/or watched the audio-visual recording(s)of the hearing for any given matter,may then vote upon any motion before the Commission concerning such matter. SECTION 8 –CLOSING STATEMENTS &REBUTTAL The applicant and/or staff may offer additional statements that generate further testimony and discussion and may suggest potential modiﬁcations to the original request based on the testimony and evidence presented. Following additional and closing statements,the record shall be closed for public testimony and public comment SECTION 9 –DELIBERATION Within the public hearing,the Commission shall discuss the testimony and evidence presented before them.During deliberation,the Chair may,at the request of any Commissioner,direct clarifying questions to the applicant or any member of the public who testiﬁed or provided comment.No further evidence,testimony,or public comment shall be made by the applicant or the public unless the Commission votes to reopen public testimony and public comment.During deliberation,the Chair may,at the request of any Commissioner,direct clarifying questions to the applicant,staff,or any member of the public who testiﬁed or provided public comment. SECTION 10 –STANDARDS FOR APPROVAL The end of Deliberation shall include a review of the Standards by the Commission.Any Commissioner who believes any individual Standard is not met shall describe in detail why that Standard is not met,and shall not vote in favor of the proposal.If a Commissioner believes an unmet Standard can be met by adding a speciﬁc condition,the Commissioner may request such a condition be placed on the proposal and may then vote afﬁrmatively. SECTION 11 –CLOSING THE PUBLIC HEARING Immediately following the Deliberation,the Chair shall close the public hearing. 14 of 18 Adopted January 12,2022,as amended April 26,2023 SECTION 12 –COMMISSION ACTION Based on discussion,the Commission shall either a)require the applicant,staff,the public, and/or the City Attorney to provide new or additional information and continue the hearing to a date certain;or b)take action on the matter and make a recommendation or ﬁnal determination,depending on the case type,based on Standards and ﬁndings of facts.Any determination or recommendation may include conditions that keep with the intent of the relevant Standards for Approval. ARTICLE IX –RECOMMENDATIONS &FINAL DETERMINATIONS SECTION 1 –MOTIONS All motions,votes,actions,decisions,and recommendations shall include any necessary conditions for approval and shall be made at a meeting open to the public.Any decision or recommendation on a case shall be made at the meeting at which testimony is concluded unless the case is continued to a date certain.No additional testimony or evidence shall be given. SECTION 2 –FINAL DETERMINATION VOTES The Commission is the ﬁnal determining body for the following cases: 1.Major Variations (notwithstanding Certain Major Variations as described in Section 3 below) 2.Appeal of Minor and/or Fence Variations 3.Appeal of Decisions made by the Zoning Administrator The concurring vote of ﬁve (5)Commissioners shall be necessary to decide any matter upon which the Commission is the determining body.If,due to the absence of Commissioners for cases in which the Commission is the ﬁnal authority,a concurring vote of ﬁve Commissioners does not occur,the matter shall be continued to the next regularly scheduled meeting or a date certain with the votes so far recorded standing to allow additional Commissioners to view the minutes and/or audio-visual recording of the proceedings,and then vote on the motion at the date certain hearing,or further hearings, until there are ﬁve concurrent votes to resolve the case. SECTION 3 –RECOMMENDING VOTES The Commission is a recommending body for the following cases: 1.Text Amendments 2.Map Amendments 3.Special Uses including Planned Developments 15 of 18 Adopted January 12,2022,as amended April 26,2023 4.Certain Major Variations (off-street parking and loading for all uses other than single-family and two-family residential,townhouse orientation,and height beyond 50 feet) 5.Unique Uses 6.Comprehensive General Plan &Area Plans 7.Other studies and reports When the Commission is recommendatory to the City Council,the matter shall be decided by a majority of the Commissioners present at the meeting.Any recommendation made by the Commission shall include relevant written ﬁndings of fact.In the event of a tie,the matter shall proceed to the City Council with no recommendation from the Commission, though the Commission may recommend conditions should the matter be approved by the City Council. SECTION 4 –ALTERNATIVE PROPOSALS DISMISSED If the Commission decides favorably on any portion of an application for which the Commission is the ﬁnal authority,and the application was ﬁled with alternative forms of relief for the same proposal,and the favorable decision results in all of the relief necessary to allow the proposal to go forward,the remaining alternative forms of relief shall be dismissed without further action. ARTICLE X –MATTERS PREVIOUSLY DECIDED Any application which has been brought before the Commission and received a ﬁnal determination shall not be brought again before the Commission except that the Chair,in consultation with the Secretary or his/her/their designee,may grant another hearing in any case in which the applicant desires to offer new material evidence and testimony that was not available at the time of the previous hearing and determination.Any matter recommended to the City Council shall follow the same process. Any application that is deemed substantially different from the original application,as determined by the Chair and Secretary or his/her/their designee,may be resubmitted at any time. ARTICLE XI –SPECIAL REGULATIONS FOR APPEALS SECTION 1 –An Appeal may be made to the Commission regarding any zoning determination,regulation,requirement,or decision made by the Zoning Administrator or his/her/their designee. SECTION 2 –Before the hearing of the Appeal,the applicant shall provide documentation of all relevant materials including but not limited to violation notices,communication with the 16 of 18 Adopted January 12,2022,as amended April 26,2023 City,submittal dates and relevant applications,plans,and other evidence.The Commission may,at its discretion,collect further information or evidence,which may or may not require the continuance of a case to aid in reaching a decision. SECTION 3 –The Commission shall determine a)if the determination,regulation, requirement,or decision made was done so erroneously;and b)if a different decision should be made in light of an erroneous decision or in light of additional information or evidence presented.The Commission may reverse or afﬁrm,wholly or partly,may modify the decision, or may overrule the decision. SECTION 4 –An Appeal decision made by the Commission that grants subsequent zoning relief shall not require a new public notice or new public hearing concerning the relief granted and shall be considered part of the Appeal case. ARTICLE XII –COMPREHENSIVE GENERAL PLAN &AREA PLANS Any applicant,or his/her/their designee,may proceed with a request to revise the Comprehensive General Plan,an existing Area Plan,or other long-range planning documents. SECTION 1 –COMPREHENSIVE GENERAL PLAN The Commission shall,from time to time,consider an extensive public process with a variety of public input provided to establish a recommendation to revise an existing or adopt a new Comprehensive General Plan.Any proposed Plan may utilize consulting ﬁrms to provide some or all of the evidence and testimony necessary leading up to and during meetings and public hearings related to the Plan.When providing a recommendation,the Commission shall ensure any recommended Plan aligns with the stated Goals &Objectives of the City Council and relevant adopted plans including,but not limited to,the Climate Action & Resilience Plan (CARP)and the Multi-Modal Transportation Plan. SECTION 2 –AREA PLANS The Commission shall,from time to time,consider an extensive public process with a variety of public input provided to establish a recommendation to revise an existing or adopt any new Area Plan,which includes but is not limited to the neighborhood,business district, commercial corridor,and downtown plans.Any proposed Plan may utilize consulting ﬁrms to provide some or all of the evidence and testimony necessary leading up to and during meetings and public hearings related to the Plan.Area Plans shall be adopted or revised in conjunction with the Comprehensive General Plan. 17 of 18 Adopted January 12,2022,as amended April 26,2023 ARTICLE XIII –SUBCOMMITTEES The Commission may establish subcommittees as it deems appropriate.Subcommittees shall make recommendations to the full Land Use Commission.Subcommittees membership shall consist of not more than one-half of the Commissioners serving on the Land Use Commission and shall be appointed by the Chair with the approval of the Commission.Staff shall support all subcommittees and shall maintain minutes and records of their activities.The Secretary of the Commission shall arrange for public notice of meetings required by law or by Commission rule. Subcommittees shall operate consistent with OMA and the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.),as amended,and consistent with the current edition of Robert’s Rules of Order,which shall be used in any instance in which the Land Use Commission Rules are otherwise silent. ARTICLE XIV –AMENDMENT OF RULES SECTION 1 –DRAFT AMENDMENT REQUIRED These Rules may be amended from time to time by an afﬁrmative vote of the majority of the Commission present.Any proposed amendment shall be provided to all Commissioners before the meeting at which the amendment is considered. SECTION 2 –ALTERNATIVE TO DRAFT AMENDMENT Any Rule may be temporarily waived,suspended,or adjusted by an afﬁrmative supermajority vote of two-thirds of the Commissioners present to meet the particular needs of the public hearing process consistent with Constitutional and statutory requirements for due process,and in compliance with the City Code.Such change shall be temporary in nature and shall require a draft amendment according to Section 1 above to become a permanent amendment to the Rules. 18 of 18 Adopted January 12,2022,as amended April 26,2023