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File #: 2024-0765    Version: Name: AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE VILLAGE OF ORLAND PARK, AS AMENDED
Type: ORDINANCE Status: PASSED
File created: 10/9/2024 In control: Board of Trustees
On agenda: 10/21/2024 Final action: 10/21/2024
Title: AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE VILLAGE OF ORLAND PARK, AS AMENDED
Attachments: 1. Staff Report to the Plan Commission, 2. Ordinance

Title

AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE VILLAGE OF ORLAND PARK, AS AMENDED

                     

Body

WHEREAS, the Corporate Authorities of the Village of Orland Park, an Illinois home rule municipality, have on February 8, 1991, adopted a Land Development Code (“the Code”) and zoning map; and

 

WHEREAS, amendments to the Code are adopted from time to time to ensure that the Code is up to date and responsive to community needs; and

 

WHEREAS, the Plan Commission of the Village held a public hearing on October 15, 2024 on whether the proposed amendments should be approved, at which time all persons present were afforded an opportunity to be heard; and

 

WHEREAS, a public notice in the form required by law was given of said public hearing by publication not more than thirty (30) days nor less than fifteen (15) days prior to said hearing in the Daily Southtown, a newspaper of general circulation in this Village; and

 

WHEREAS, the Plan Commission of this Village has filed its report of findings and recommendation that the proposed amendments to Section 3-104 of the Land Development Code of the Village be made, and this Board of Trustees has duly considered said report and findings and recommendations; and

 

WHEREAS, the President and Board of Trustees of the Village of Orland Park have determined that it is in the best interests of the Village and its residents to update the aforementioned sections of the Land Development Code in order to bring it in line with surrounding communities and the Village’s needs;

 

NOW, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Orland Park, Cook and Will Counties, Illinois, as follows:

 

SECTION 1

 

This Board finds and determines that the adoption of the following amendments to the Land Development Code of the Village of Orland Park is in the best interests of the Village and its residents, is in the public interest, constitutes an improvement to the Land Development Code of the Village of Orland Park, and is in keeping with the spirit and in furtherance of the purpose of the Land Development Code of the Village of Orland Park, as set forth in Section 1-102 thereof.

 

SECTION 2

 

Article 3, Section 3-104 (G)(2)(b)(2) shall hereby be repealed in its entirety and replaced with the following (deleted language marked with strikethrough, and new language marked with underlining):

 

SECTION 3-104. APPEALS.

 

The Plan Commission, The Committee of the Whole, and the Board of Trustees shall be responsible for hearing appeals from the various administrative and other decisions made pursuant to the provisions of the Land Development Code.  The Plan Commission shall be the primary appellate body and shall hear all appeals under Sections 5-107 and under any other section unless it requires an appeal from their own determination, which shall be heard by the Board of Trustees; and the Plan Commission shall further hear all applications for Variances under Section 5-109.

 

SECTION 3

 

Article 5, Section 5-109 shall hereby be modified to strike the words “Hearing Officer(s)” from the first sentence.  The second sentence, “The Hearing Officer(s) shall hear those applications affecting one (1) single family residential dwelling and those applications affecting multi-family dwellings of fewer than six (6) units” shall be stricken in its entirety.  The word “other” shall be stricken from the third sentence.

 

SECTION 4

 

Article 5, Section 5-109 of the Land Development Code shall hereby be amended to strike the words “Hearing Officer(s)” from subsections 5-109 (D), 5-109 (E) and 5-109 (H)                     

 

SECTION 5

 

Article 5, Section 5-101 (A)(3)(c), Article 5, Section 5-101 (B)(2)(a)(5), and Article 5, Section 5-101 (C)(3) of the Land Development Code shall be deleted in their entirety.  The words “except as in 5 below” shall be deleted from Article 5, Section 5-101 (B)(2)(a)(1) after the word “variances.”   

 

To the extent necessary, all tables of contents, indexes, headings, and internal references or cross-references to Sections that need to be amended or deleted within the Orland Park Village Code, as amended, as a consequence of the above Code Amendments, shall be amended by the Village’s codifier so as to be consistent with the terms of this Ordinance.

 

SECTION 6

 

All ordinances, or parts of ordinances, in conflict with the provisions of this Ordinance, to the extent of such conflict, are repealed.

 

SECTION 7

 

Each section, paragraph, clause and provision of this Ordinance is separable and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Ordinance, nor any part thereof, other than that part affected by such decision.

 

SECTION 8

 

Except as to the Code amendments set forth above in this Ordinance, all Chapters and Sections of the Orland Park Land Development Code, as amended, shall remain in full force and effect.

 

SECTION 9

 

This Ordinance shall be in full force and effect from and after its adoption and publication in pamphlet form as provided by law.

 

SECTION 10

 

The Village Clerk be and herby is authorized and directed to publish this Ordinance in pamphlet form.