(A) Authority. The regulations imposed and the districts created under the authority of this chapter may be amended by ordinance from time to time in the manner provided by the state statutes and this chapter.
(B) Text amendments.
(1) Standing. An application for an amendment to the text of this chapter may be filed by any interested party including the Village Board, the Plan Commission, any resident of Elwood, any owner of land within the corporate limits or any individual who is the contract purchaser of land either within the corporate limits or contiguous to the corporate limits.
(2) Filing. An application for text amendment shall be filed with the office of the Village Clerk. The application shall include at a minimum the relevant portion of the text for which the amendment is proposed and the exact wording of the proposed new text.
(3) Standards. Within 30 days of the close of the public hearing the Plan Commission shall make a recommendation accompanied by the findings as supported by the evidence with respect to the following matters:
(a) The amendment(s) is consistent with the purpose and intent of the ordinance;
(b) The amendment(s) is consistent with village policy;
(c) The amendment(s) does not unnecessarily create a hardship on property owners such as created by numerous non-conformities; and/or
(d) The amendment(s) are not in conflict with this chapter or other village ordinances.
(C) Map amendments.
(1) Standing. An application for an amendment to the official zoning map may be filed by the Board of Trustees, the Plan Commission, the owner of the subject property or anyone having a proprietary interest in the property. All requests made by parties other than the property owner must be accompanied by written authorization from the property owner.
(2) Standards. The Plan Commission shall make recommendations based upon the evidence presented to it in each specific case with respect 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 for 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 may have taken place since the day the property in question was placed in its present zoning classification;
(e) The length of time the property has been vacant as zoned considered in the context of land development in the area surrounding the subject property;
(f) The extent to which property values are diminished by particular zoning restrictions;
(g) The extent to which the proposed rezoning conforms with the comprehensive plan; or conditions or trends of development have changed in the area to warrant the need for a different type of land use or density; and
(h) Adequate public facilities and services exist or can be provided.
(D) Effect of denial of a map amendment. No application for an amendment which has been denied wholly or in part by the Board shall be re-submitted for a period of one year from the date of the order of denial, except on grounds of new evidence or proof of changed conditions found to be valid by the Board.
(E) Reversion of zoning. If a lot or parcel for which a map amendment has been issued has not been put to a bona fide use or uses permitted in the amended district within two years after the ordinance or order making the amendment, the village may revert the zoning classification of the property to the zoning district present before the amendment.
(F) Initiation of reversion. Reversions may be proposed by the Village Board, Plan Commission or by any person aggrieved by the map amendment.
(Ord. 656, passed 7-2-2001; Ord. 706, passed 12-2-2002)