§ 151.047  ZONING MAP AMENDMENTS (REZONINGS).
   (A)   Application filing.
      (1)   Who may file.  Zoning map amendments may be initiated by the County Board, by application of all the fee owners of the subject property, or by the owners’ authorized agent. When the County Board initiates action under this chapter, it does so without prejudice towards the outcome.
      (2)   Application submittal.
         (a)   Applications for amendments to the official zoning map shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department. Rezoning applications may be processed concurrently with applications for site capacity/site plan review and subdivision preapplication conferences.
         (b)   When a zoning map amendment is initiated by the County Board, a resolution approved by the County Board shall be considered an application.
   (B)   Public hearing notice.  Neighbor, newspaper and posted notice of the Zoning Board of Appeals’ public hearing shall be provided in accordance with the requirements of § 151.045(G).
   (C)   Staff review and recommendation.  Planning, Building and Development Department staff shall review each proposed zoning map amendment in light of the map amendment approval criteria of subsection (G) below and provide a report to the Zoning Board of Appeals.
   (D)   Zoning Board of Appeals’ review and recommendation.  The Zoning Board of Appeals shall hold a public hearing on the proposed amendment and recommend approval, approval with conditions, or denial of the application based on the map amendment approval criteria of subsection (G) below.
   (E)   Planning, Building and Zoning Committee review and recommendation.  After receiving the recommendation of the Zoning Board of Appeals, the Planning, Building and Zoning Committee shall review the application and make a recommendation to the County Board based on the map amendment approval criteria of subsection (G) below.
   (F)   County Board review and action.  After receiving the required recommendations, the County Board shall review the application and act to approve, approve with conditions, or deny the proposed amendment based on the map amendment approval criteria of subsection (G) below.
   (G)   Map amendment approval criteria.
      (1)   In making its recommendation, the Zoning Board of Appeals shall consider, and make findings of fact in relation to, the following criteria.
      (2)   The recommendation of the Zoning Board of Appeals shall be based on the preponderance of the evidence related to the following factors and no one factor shall be controlling:
         (a)   The proposed amendment is consistent with the stated purpose and intent of § 151.005;
         (b)   The proposed amendment corrects an error or inconsistency or meets the challenge of some changing condition in the area;
         (c)   The proposed amendment will allow development that is compatible with existing uses and zoning of nearby property;
         (d)   The county and other service providers will be able to provide adequate public facilities and services to the property, while maintaining adequate levels of service to existing development;
         (e)   The proposed amendment will not result in significant adverse impacts on other property in the vicinity of the subject tract or on the environment, including air, water, noise, stormwater management, wildlife, and natural resources; and
         (f)   The subject property is suitable for proposed zoning classification.
 
COMMENTARY:
 
   (H)   Protest petitions. If a valid protest petition is filed, the amendment shall require an affirmative vote of at least 75% of all the members of the County Board. Protest petitions shall be filed with the Lake County Clerk by 1:00 p.m. on the day before the County Board acts on the proposed zoning map amendment.
 
COMMENTARY:
Protest petitions are governed by state statutes [55 ILCS 5/5-12014(b)].
 
(Ord., § 3.3, passed 10-13-2009)