(A) The regulations set forth in this title and the districts shown on the zoning map shall be amended only in accordance with the requirements of 65 ILCS 5/11-13-14. Procedurally, amendments shall be handled in the same fashion as applications for variances. Application shall be made to the Zoning Administrator on a form prescribed by the Zoning Administrator and the application fee shall also be $350, and the applicant shall be responsible for cost of publication as in the case of variance requests. A public hearing shall be conducted by the Zoning Board of Appeals in the same fashion as for variances; the Zoning Board of Appeals shall prepare and transmit to the Village Board its findings and recommendation along with the recording or any transcript of any such hearings; and all amendments shall be only by ordinance. The findings and recommendations shall not be based on the standards of § 15-087, but rather shall be based on the following considerations:
(1) The existing uses and zoning of nearby property;
(2) The extent to which property values are diminished by the particular zoning restrictions;
(3) The extent to which the destruction of property values of the plaintiff promotes the health, safety, morals, or general welfare of the public;
(4) The relative gain to the public as compared to the hardship imposed upon the individual property owner;
(5) The suitability of the property for the zoned purpose;
(6) The length of time that property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property;
(7) The public need for the proposed use; and
(8) The thoroughness with which the Village Board had planned and zoned its land use.
(B) In the case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the amendment shall not be passed, except by a favorable vote of two-thirds of the Trustees of the village 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 amendment 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.
(Ord. 15-13, passed 7-7-2015)