(a) Amendments Authorized. The regulations and provisions stated in the text of this Zoning Code and the boundaries of zoning districts shown on the Zoning District Map of the Village may be amended, supplemented or changed by resolution of Council in accordance with the Zoning Act, as amended.
(b) Initiation. Proposals for amendments, supplements or changes may be initiated by Council on its own motion, by the Planning Commission or by petition of one or more owners of property to be affected by the proposed amendment.
(Ord. 89. Passed 4-10-72.)
(c) Procedure.
(1) Each petition by one or more persons for an amendment shall be submitted in an application to Council through the Clerk on a standard form provided by the Village, and shall be accompanied by a fee established in a schedule of fees adopted by Council to cover administrative and publication costs. No part of such fee shall be returnable to a petitioner if a public hearing is held. Petitions for zoning of property which is the subject of a request for annexation shall accompany said requests for annexation. Council will consider the request for annexation and the petition for zoning at the same time.
(Ord. Unno. Passed 9-13-76.)
(2) Council will refer the application to the Commission for action, if it deems that such amendment is a possibly desirable amendment.
(3) The Commission shall consider each proposal for amendment in terms of its own judgment on the particular factors related to the individual proposal and in terms of the most likely effect on the community's physical development. The Commission may recommend any additions or modifications to the original amendment proposal.
(4) Prior to making a recommendation on a proposed amendment, the Planning Commission shall conduct a public hearing. Notice of the hearing shall be provided in a newspaper of general circulation not less than 15 days before the date of the hearing. Notice shall be sent by mail or personal delivery to the owners of the property for which the approval is being considered. Notice shall also be given to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to all occupants of all structures within 300 feet of the subject property regardless of whether the property or structures are located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. Notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States postal service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term “occupant” may be used for the intended recipient of the notice. The notice shall describe the nature of the request, indicate the property that is the subject of the request to include street addresses if such addresses exist, state when and where the request will be considered and indicate where written comments will be received concerning the request. If the proposed amendment contains 11 or more adjacent properties, no individual addresses are required. Notice of the time and place of the public hearing shall also be given by mail to each electric, gas and pipeline public utility company and each telecommunication service provider operating with the district or zone affected.
(5) The Commission shall then transmit the proposed amendment to Council and, if Council shall deem any amendments, changes, additions or departures advisable as to the proposed text or district boundaries, it shall refer the same to the Commission for a report thereon within a time specified by Council. After receiving the report, Council shall grant a hearing on the proposed amendment to any property owner who has filed a written request to be so heard and shall request the Commission to attend such hearing. Thereafter, Council may adopt the amendment with or without changes.
(6) An amendment to the zoning ordinance is subject to a protest petition. If a protest is filed, approval of the amendment to the zoning ordinance shall require two-thirds vote of the legislative body. The protest petition shall be presented to the Village Council before final legislative action on the amendment and shall be signed by one or more of the following:
A. The owners of at least 20% of the area of land included in the proposed change.
B. The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change.
C. Publicly-owned land shall be excluded in calculating the 20% land area requirement.
(7) No application for a rezoning which has been denied by Council shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by Council to be valid.
(Ord. 89. Passed 4-10-72.)
(d) Fact Finding.
(1) In reviewing any petition for a zoning amendment, the Planning Commission shall identify and evaluate all factors relevant to the petition, and shall report its findings in full, along with its recommendations for disposition of the petition, to the Village Council. The facts to be considered by the Planning Commission shall include, but are not limited to, the following:
A. The requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance;
B. The precedents, and the possible effects of such precedents, which might likely result from approval or denial of the petition are not contrary to the public interest or to the intent and purpose of this Zoning Code;
C. The Village or other government agencies are able to provide any services, facilities, and/or programs that might be required if the petition is approved;
D. There are no negative environmental impacts which would reasonable occur if the petitioned zoning change and resulting permitted structures are built, including, but not limited to, surface water drainage, waste disposal, or impact on natural resources; and
E. Approval of the petition does not conflict with any adopted development policies of the Village and/or other governmental units.
(2) All findings of fact shall be made a part of the public records of the meetings of the Planning Commission and the Village Council.
(Ord. 2002-2. Passed 4-8-02; Ord. 2009-7. Passed 12-14-09.)