A. Purpose: The purpose of this section is to provide standards and procedures for making amendments to the text of this title and the zoning map that are of general significance or application. This amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.
B. Authority: The text of this title and the zoning map may be amended from time to time by the passage of an ordinance duly adopted by the city council in accordance with the procedures set forth in this section. (Ord. Z-8-98, 9-21-1998)
C. Parties Entitled To Initiate Amendments: Amendments may be proposed by the planning and zoning board, or the city council as the legislative body of the city of Des Plaines or by any resident or owner of property in the city of Des Plaines. (Ord. Z-7-04, 1-19-2004; amd. Ord. Z-29-15, 10-5-2015)
D. Procedure For Review And Decision: An application to amend the text of the zoning ordinance or the zoning map shall be processed in accordance with the procedures set forth below:
1. Application: Applications for an amendment shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. (Ord. Z-8-98, 9-21-1998)
2. Action By Zoning Administrator: Upon receipt of a properly completed application for an amendment, the zoning administrator shall conduct a site plan review subject to the requirements of section 12-3-2, "Site Plan Review", of this chapter. The zoning administrator shall forward his written report and recommendations to the planning and zoning board for its review and recommendations.
3. Action By Planning And Zoning Board:
a. The planning and zoning board shall hold a public hearing on the application in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter.
b. Within thirty (30) days of the close of the public hearing, the planning and zoning board shall forward its written recommendation of either approval, approval with modification, or disapproval to the city council. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)
4. Action By City Council:
a. The city council shall consider the application at its next available scheduled public meeting, and shall schedule a hearing if, in the opinion of the mayor, city manager or by written call by three (3) of the aldermen, it appears necessary and either approve, approve with modifications by a duly adopted ordinance, or disapprove of the application. The failure of the city council to act at such time, or such further time to which the applicant may agree, shall be deemed to be a decision of disapproval. (Ord. Z-7-04, 1-19-2004)
(1) In the event that a written protest against the proposed amendment is filed with the city clerk and is signed and acknowledged by the owners of twenty percent (20%) of the frontage immediately adjoining, or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage to be changed, an amendment shall not be approved or approved with modifications except by a favorable vote of two-thirds (2/3) of all the aldermen elected. (Ord. Z-8-98, 9-21-1998)
b. If the application is approved or approved with modifications, the city council shall instruct the zoning administrator to amend the text of this title or the zoning map, listing any specific conditions specified by the council or by the planning and zoning board. If the application is disapproved, the city council shall instruct the zoning administrator to provide the applicant with written notification of the council's decision. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)
c. Notwithstanding the foregoing, in cases of amendment of the text of this title (as distinguished from amendments to the zoning classification and zoning map of the city) the city council may institute such text amendment changes by directing staff to prepare such textual changes without having to bring said changes before the planning and zoning board. (Ord. Z-24-03, 7-21-2003; amd. Ord. Z-29-15, 10-5-2015)
E. Standards For Amendments: The determination to amend the text of this title or the zoning map is a matter committed to the sound legislative discretion of the city council and is not controlled by any one standard. In making their determination, however, the city council should, in determining whether to adopt or deny, or to adopt some modification of the planning and zoning board's recommendation, consider, among other factors, the following: (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)
1. Whether the proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan, as adopted and amended from time to time by the city council;
2. Whether the proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property;
3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property;
4. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and
5. Whether the proposed amendment reflects responsible standards for development and growth. (Ord. Z-8-98, 9-21-1998)