(A) Purpose. The regulations imposed and the districts created by this chapter may be amended from time to time in accordance with this subchapter. This process for amending the Zoning Code text or the zoning map is intended to permit modifications in response to changed conditions or changes in village policy.
(B) Initiation. An owner of any property in the village, other person expressly authorized by the owner in writing, or the village may propose zoning text or map amendments.
(C) Authority and execution. The Village Board, after receiving a recommendation from the Planning and Zoning Commission, shall take formal action on requests for zoning text or map amendments.
(D) Procedure. All applications shall be filed with the Zoning Administrator in accordance with the requirements of § 153.041. Once it is determined that the application is complete, the Zoning Administrator shall schedule the application for consideration by the Planning and Zoning Commission. Amendments initiated by the village also require an application, but are exempt from fees.
(1) Action by the Planning and Zoning Commission.
(a) The Planning and Zoning Commission shall conduct a public hearing on a proposed zoning amendment in accordance with § 153.043 no more than 60 days of receipt of a complete application. Notice for the public hearing shall be in accordance with § 153.042. If, in the Planning and Zoning Commission’ judgment, the application does not contain sufficient information to enable the Board to properly discharge its responsibilities, the Board may request additional information from the applicant. In that event, the 60-day period shall be suspended pending receipt of all requested information and/or the public hearing may be continued.
(b) Within 60 days of the close of the public hearing, the Planning and Zoning Commission shall forward to the Village Board its recommendation, together with the minutes of the hearing.
(c) The Planning and Zoning Commission shall evaluate the application, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in division (E) below. For zoning text amendments, the Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application. For zoning map amendments, the Planning and Zoning Commission shall recommend approval or denial of the application.
(2) Action by the Village Board. The Village Board shall consider the application within 60 days of receiving the findings of fact and recommendation from the Planning and Zoning Commission. The Village Board may take action in the form of approval, approval with conditions, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments. The Village Board may also refer the application back to the Planning and Zoning Commission for further consideration.
(E) Approval standards for zoning amendments. The Planning and Zoning Commission’ recommendation and the Village Board’s decision on any zoning amendment, whether text or map amendment, is a matter of legislative discretion that is not controlled by any particular standard. However, in making their recommendation and decision, the Planning and Zoning Commission and the Village Board shall consider the following standards, as set forth in Table 4-1: Standards for Zoning Amendments below.
TABLE 4-1: APPROVAL STANDARDS FOR ZONING AMENDMENTS
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Standards | Map Amendments | Text Amendments |
TABLE 4-1: APPROVAL STANDARDS FOR ZONING AMENDMENTS
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Standards | Map Amendments | Text Amendments |
Compatibility with the existing use and zoning of nearby property. | X | |
The extent to which property values of the subject property are diminished by the existing zoning. | X | |
The extent to which the proposed amendment promotes the public health, safety, comfort, convenience and general welfare of the village. | X | X |
The relative gain to the public, as compared to the hardship imposed upon the applicant. | X | X |
The suitability of the property for the purposes for which it is presently zoned, i.e., the feasibility of developing the property in question for one or more of the uses permitted under the existing zoning classification. | X | |
The length of time that the property in question has been vacant, as presently zoned, considered in the context of development in the area where the property is located. | X | |
The evidence, or lack of evidence, of community need for the use proposed by the applicant. | X | |
The consistency of the proposed amendment with the Comprehensive Plan. | X | X |
The consistency of the proposed amendment with the intent and general regulations of this Code. | X | |
Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. | X | |
That the proposed amendment will benefit the residents of the village as a whole, and not just the applicant, property owner(s), neighbors of any property under consideration, or other special interest groups, and the extent to which the proposed use would be in the public interest and would not serve solely the interest of the applicant. | X | X |
Whether the proposed amendment provides a more workable way to achieve the intent and purposes of this chapter and the Comprehensive Plan. | X | |
The extent to which the proposed amendment creates nonconformities. | X | X |
The trend of development, if any, in the general area of the property in question. | X | |
Whether adequate public facilities are available including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are reasonably capable of being provided prior to the development of the uses, which would be permitted on the subject property if the amendment were adopted. | X | |
(F) Limitations on denials. No application for an amendment which has been denied by the Village Board shall be reconsidered for a period of one year from that date of denial, except as described in § 153.041(F).
(G) Written protest of amendment. Written protest of an amendment shall be filed in accordance with Illinois state law.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)