(A) Authority; declaration of public policy. For the purpose of promoting the public health, safety, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the President and Board of Trustees may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this chapter or amend district boundary lines, provided that in all amendatory ordinances adopted under the authority of this section, due allowances shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.
(B) Initiation of amendment.
(1) Text amendments may be proposed by the President and Board of Trustees, Plan Commission, Zoning Board of Appeals, other village officials or any interested person or organization.
(2) Map amendments may be proposed by the owner of the property involved or the President and Board of Trustees, the Plan Commission, Zoning Board of Appeals or other village officials.
(C) Application for amendment; procedure. An application for an amendment to this chapter shall be filed with the Zoning Administrator in such form and accompanied by such information as required by the Zoning Administrator. The Zoning Administrator, upon receiving an application for amendment, shall transmit the application, within ten days, along with all pertinent data filed therewith, to the Plan Commission for review and recommendation to the President and Board of Trustees.
(D) Hearing on application. The Plan Commission shall hold public hearings upon each request for an amendment.
(E) Notice of hearing. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation within the village not more than 30 days nor less than 15 days before such hearing. In addition, notices shall be sent by registered or certified mail to all owners (as determined from current real estate tax records) of property located within 250 feet of any lot line of the property included in the proposed amendment.
(F) Findings of fact and recommendation of the Plan Commission.
(1) The Plan Commission shall submit written recommendations to the President and Board of Trustees within 60 days of receipt of the application. Extension of this time period may be allowed by mutual consent of applicant and Plan Commission. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:
(a) Existing uses of property within the general area of the property in question;
(b) The zoning classification of property within the general area of the property in question;
(c) The suitability of the property in question to the uses permitted under the existing zoning classification;
(d) The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification; and
(e) The objectives of all current and certified land use plans for the village.
(2) The Plan Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is not detrimental to the public interest. The Plan Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this subdivision, the R1 District shall be considered the highest classification and the I2 District shall be considered the lowest classification.
(G) Action by the President and Board of Trustees.
(1) The President and Board of Trustees shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the Plan Commission on the proposed amendment.
(2) The President and Board of Trustees may grant or deny any application for an amendment, or refer it back to the Plan Commission for further consideration. However, in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20% or more, either of the areas of the land included in such proposed change, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land such amendment shall not be passed except by two-thirds vote of the President and Board of Trustees.
(3) In any event, the President and Board of Trustees shall grant or deny the application for amendment within 45 days of receipt of the written report and recommendation from the Plan Commission. Extension of this time period may be extended by mutual consent of applicant and Board of Trustees.
(H) Effect of denial of amendment. No application for a map amendment which has been denied by the President and Board of Trustees shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the Zoning Administrator; and no application for a text amendment which has been denied shall be resubmitted within 90 days.
(I) Repeal of amendment. In any case where a change of boundary lines of the zoning district map has been granted, and where no development has taken place within one year, the Plan Commission may hold a public hearing, after notice of public hearing has been given as specified in division (E) of this section, and recommend to the President and Board of Trustees that such zoning be affirmed or repealed and rezoned to its most appropriate district classification.
(`95 Code, § 156.159) (Ord. 83-11, passed 9- -83)