The Village Council may, after recommendation from the Planning Commission, amend, supplement or change the provisions of this chapter or the Official Zoning Map. Such actions shall be consistent with the State Zoning Enabling Act, Public Act 110 of 2008, as amended, and the following.
(A) Initiation of amendment.
(1) Amendments to the provisions of this chapter may be initiated by the Village Council, Planning Commission, Zoning Administrator or by application from one or more residents or property owners of the village.
(2) An amendment to the Official Zoning Map (rezoning) may be initiated by the Village Council, Planning Commission, Zoning Administrator or by the titleholder for the property subject to the proposed amendment. No fee shall be charged for amendments initiated by the Village Council, Planning Commission or Zoning Administrator.
(B) Application.
(1) An amendment to this chapter, except those initiated by the Village Council, Planning Commission or Zoning Administrator, shall be initiated by submission of a complete and accurate application to the village, along with the required fee established by Village Council.
(2) In the case of an amendment to the Official Zoning Map, the following information shall accompany the application and fee.
(a) A legal description and street address of the subject property, together with a survey and location map identifying the subject property in relation to surrounding properties.
(b) The name and address of the owner of the subject property, and a statement of the applicant’s interest in the subject property, if not the owner in fee simple title.
(c) The existing and proposed zoning district designation of the subject property and surrounding properties.
(d) A written description of how the requested amendment meets the criteria stated in this section.
(C) Amendment review procedure. Proposed amendments to this chapter or the Official Zoning Map shall be reviewed in accordance with the following.
(1) Completeness review.
(a) Upon receipt of an application to amend this chapter, the Zoning Administrator shall review the application to confirm all required material has been submitted.
(b) The Zoning Administrator shall notify the applicant of any outstanding items.
(2) Technical review.
(a) Prior to Planning Commission consideration, the proposed amendment and application materials shall be distributed to appropriate village officials for review and comment.
(b) The Zoning Administrator may also submit the application materials to designated village consultants for review.
(3) Public hearing. The Planning Commission shall hold a public hearing for all proposed amendments in accordance with the procedures in § 153.309.
(4) Planning Commission consideration and recommendation.
(a) Subsequent to the hearing, the Planning Commission shall review the proposed amendment, together with any reports and recommendations from staff, consultants, other reviewing agencies and any public comments.
(b) The Planning Commission shall identify and evaluate all relevant factors and shall report its findings and recommendation to the Village Council.
(c) In considering an amendment to the Official Zoning Map (rezoning) or chapter text, the Planning Commission shall consider the following factors in making its findings and recommendations, although not all standards must be met in order to recommend approval of an amendment.
1. a. Consistency with the Master Plan’s goals, policies and future land use map, including planned timing or sequence of development.
b. If conditions have changed since the Master Plan was adopted, the consistency with recent development trends in the area shall be considered.
2. Compatibility of all the potential uses allowed in the proposed zoning district(s) with the site’s physical, geological, hydrological and other environmental features.
3. Compatibility of all the potential uses allowed in the proposed district(s) with surrounding uses and zoning in terms of suitability, intensity, traffic impacts, aesthetics, infrastructure and potential influence on property values.
4. Capacity of available utilities and public services to accommodate the uses permitted in the district(s) without compromising the health, safety and welfare of village residents or burdening the village or the county with unplanned capital improvement costs or other unplanned public expenses.
5. Capability of the road system to safely and efficiently accommodate the expected traffic generated by uses permitted in the zoning district(s).
6. The apparent demand for the types of uses permitted in the district(s) in relation to the amount of land currently zoned and available in the village and surrounding communities to accommodate the demand.
7. The boundaries of the proposed district(s) in relationship to the surrounding area and the scale of future development on the site.
8. The requested rezoning will not create an isolated or incompatible zone in the neighborhood.
9. Other factors deemed appropriate by the Planning Commission and/or Village Council.
(5) Village Council action.
(a) The Village Clerk shall forward a copy of the proposed amendment, findings and recommendation from the Planning Commission to the Village Council for consideration and final action.
(b) 1. The Village Council may adopt or reject the proposed amendment, or may refer the amendment back to the Planning Commission for revision or further consideration.
2. The Village Council may modify the proposed amendment as long as the modifications are de minimis.
3. If the Village Council requests any substantial revisions to the proposed amendment, the amendment and requested revisions shall be referred back to the Planning Commission for further consideration.
(c) 1. The Village Council may, at its discretion, hold additional public hearings on the proposed amendment.
2. Furthermore, the Village Council shall hold a public hearing if requested by an interested property owner. Any public hearing held by the Village Council shall follow the procedures in § 153.309.
(Ord. 160, passed 4-21-2022)