A. Purpose: The purpose of this zoning text or map amendment application is to allow modifications to the text of this title and the boundaries of the Zoning Map in response to changing conditions and policies.
B. Procedure:
1. Action By The Zoning Administrator:
a. An application for a zoning text or map amendment shall be filed with the Zoning Administrator in accordance with section 10-2-5, "Application Procedure", of this title.
b. Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Community Development Commission based upon a balance of the standards of subsection C, "Standards For Zoning Amendments", of this section and schedule the application for consideration by the Community Development Commission.
2. Action By The Community Development Commission:
a. The Community Development Commission shall conduct a public hearing on a proposed zoning amendment in accordance with section 10-2-7, "Public Hearing", of this title within sixty (60) days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
b. The Community Development Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and the standards of subsection C, "Standards For Zoning Amendments", of this section.
c. For zoning text amendments, the Community Development Commission shall recommend approval, approval with modifications to the proposed text, or denial of the application.
d. For zoning map amendments, the Community Development Commission shall recommend approval or denial of the application.
e. The Community Development Commission shall forward its recommendation to the Village Board within thirty (30) days after the close of the public hearing.
3. Action By The Village Board:
a. The Village Board shall consider the application within sixty (60) days after receiving the recommendation of the Community Development Commission. The 60-day period may be extended with the written consent of the applicant.
b. The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Community Development Commission, the evidence presented at the public hearing, and the standards of subsection C, "Standards For Zoning Amendments", of this section.
c. For zoning text amendments, the Village Board shall take action in the form of approval, approval with modifications to the proposed text, denial, or referral of the application back to the Community Development Commission for further consideration.
d. For zoning map amendments, the Village Board shall take action in the form of approval, denial, or referral of the application back to the Community Development Commission for further consideration.
e. A two-thirds (2/3) favorable vote of the Village Trustees is required to approve the application if the Community Development Commission recommends denial of the application.
f. A two-thirds (2/3) favorable vote of the Village Trustees is required if written protest is filed with the Village Clerk against the proposed zoning text or map amendment, signed by the owners of no less than twenty percent (20%) of the frontage along, immediately adjacent to, immediately across an alley from, or directly across the street from the subject property.
FIGURE 10-3-6-1
ZONING TEXT OR MAP AMENDMENT APPLICATION PROCEDURE
ZONING TEXT OR MAP AMENDMENT APPLICATION PROCEDURE
C. Standards For Zoning Amendments: The Village Board, Community Development Commission, and Zoning Administrator shall evaluate applications for zoning text or map amendments with specific written findings based on a balance of the standards for each type of amendment.
1. Approval standards for text amendments:
a. The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.
b. The proposed amendment corrects an error, adds clarification, or reflects a change in policy.
c. The proposed amendment is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village.
2. Approval standards for map amendments:
a. The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.
b. The proposed amendment is compatible with the existing uses, character, and zoning of adjacent properties and other property within the immediate vicinity of the proposed amendment.
c. The proposed amendment provides a relative gain to the public, as compared to any hardship imposed upon an individual property owner.
d. The proposed amendment addresses the community need for a specific use.
e. The proposed amendment corrects an error, adds clarification, or reflects a change in policy.
f. The proposed amendment is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village. (Ord. 67-2018, 12-18-2018)