The applicant must submit and the village planning and zoning commission and governing body shall use the following criteria when reviewing zone change applications. The following items must be submitted along with the completed zone change application:
A. Proof Of Right:
1. Legal description of the property;
2. Proof of ownership, or when the applicant is not the owner of the property, proof of legal right to apply for the permit.
B. Support Documentation:
1. A traffic impact analysis describing potential increases in average daily traffic, and the ability of the existing transportation system to handle increased traffic which will be caused by approval of the zone changed;
2. An analysis of existing infrastructure capacities to serve additional users' needs for potable water, liquid waste disposal, and solid waste disposal;
3. Proof of compatibility of the proposed zone with the comprehensive plan and the future zoning map of the village;
4. The appropriate application fee.
C. Payment Of Analysis And Development Costs: All infrastructure analysis shall be undertaken and paid for by the applicant.
D. Approval Or Denial: The following conditions shall be cause for denial of a zone change application:
1. Lack of legal right by the applicant to apply for the requested change;
2. Inability of the existing transportation system to handle increased traffic which will be caused by approval of the zone change, and inability of the applicant to improve the system to the level of service required by the proposed zone;
3. Insufficiency of existing water, sewage and solid waste infrastructure to handle the impacts of the proposed zone, and inability of the applicant to improve the infrastructure to the level of service required to serve the proposed zone;
4. Inconsistency of the proposed zone with the future zoning map or comprehensive plan of the village;
5. Conditions associated with the proposed zone change which would negatively impact the health, safety or general welfare of the residents of the village.
E. Voting On Zone Change Requests:
1. An affirmative vote of a majority of the members of the planning and zoning commission is required for the commission to recommend approval of a zone change application to the governing body.
2. An affirmative vote of a majority of the members of the governing body is required for the approval of a zone change application. (Ord. 256 art. II § 9, 1993)