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A. Purpose And Authority: For the purpose of promoting the public health, safety, morals, comfort and general welfare, conserving the value of property throughout the village, and lessening or avoiding congestion in the public streets and highways, the village board of trustees may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the district created by this ordinance; provided, that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantages of the entire village, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance. (Ord. 2001-03, 1-2-2001)
B. Hearings On Petitions: The plan commission shall conduct a public hearing on the petition at the time and place stated in the notice. The village staff shall submit its report and recommendation to the plan commission on or before the date of the public hearing.
C. Standards: Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
1. Existing uses of property within the general area of the property in question.
2. The zoning classification of property within the general area of the property in question.
3. The suitability of the property in question to the uses permitted under the existing zoning classification.
4. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification.
D. Recommendation And Adoption Of Amendment:
1. Recommendation: The plan commission shall recommend approval of the petition or the adoption of an amendment changing the zoning classification of the property in question. For the purpose of this subsection, the E-1 estate district shall be considered the highest classification and the M-2 general manufacturing district shall be considered the lowest classification. Planned unit development may be recommended for any amendment change.
2. Village Board Of Trustees: The village board of trustees, upon receiving the report of findings and recommendations of the plan commission, may grant or deny any proposed amendment in accordance to applicable laws of the state or it may refer it back to the plan commission for further consideration.
E. Denial By Nonaction: If a petition for a proposed amendment is not acted upon finally by the village board of trustees within six (6) months of the date upon which such application is received by the village board of trustees, it shall be deemed to have been denied.
F. In Case Of A Written Protest To The Petition: In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by owners of twenty percent (20%) of the frontage proposed to be altered, or 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 proposed to be altered, is filed with the zoning secretary, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of the board of trustees then holding office. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendments and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment, and a certificate of such mailings shall be filed with the zoning secretary prior to the vote on the amendment by the board of trustees. (Ord. 2009-18, 8-11-2009)