(A) Authority: The Village Board may, by ordinance, change the district boundaries or amend, change, or supplement the regulations established by this chapter or its amendments.
(B) Purpose: The amendment process is intended to provide a means for making changes in the text of this chapter and in the zoning map that have more or less general significance or application in light of changing, newly discovered, or newly important conditions, situations, or knowledge. It is not intended to relieve particular hardships or to confer special privileges or rights.
(C) Initiation: A change or amendment may be initiated by the Village Board, the Plan Commission, or by a petition of 1 or more of the owners, lessees, or contract purchasers of property within the area proposed to be changed.
(D) Procedure:
(1) Application. Except for amendments proposed by the Board of Trustees or the Plan Commission, applications for zoning text or map amendments must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.
(2) Hearing. A public hearing will be set, noticed, and conducted by the Plan Commission in accordance with §§ 159-2.202 and 159-2.203 of this part.
(3) Action By Plan Commission. Within 45 days following the conclusion of the public hearing, the Plan Commission will transmit to the Board of Trustees its recommendation. The failure of the Plan Commission to act within 45 days following the conclusion of the hearing, or such further time to which the owner may agree, will be deemed a recommendation for the approval of the proposed amendment as submitted.
(4) Action By Board Of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees will either deny the application or, by ordinance duly adopted, adopt the proposed amendment, with or without modifications. The failure of the Board of Trustees to act within 60 days, or such further time to which the owner may agree, will be deemed to be a decision denying the application.
(5) Protest. In the event a duly signed and acknowledged protest against a proposed amendment is filed with the Village Clerk before the adoption of the ordinance by the owners of 20% or more of the frontage to be affected by the proposed amendment, or by the owners of 20% or more of the frontage immediately adjoining or across therefrom, or by the owners of 20% or more of the frontage directly opposite the frontage to be affected, the amendment may not be passed except by a 2/3 vote of all the Trustees then holding office. A copy of the written protest must 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 the applicant and attorney shown in the application for the proposed amendment.
(E) Standards:
(1) Map Amendment. The following standards will be considered in amending the zoning map:
(a) Identification of the existing uses of property within the general area of the affected property.
(b) Identification of the zoning classification of property within the general area of the affected property.
(c) Determination as to the suitability of the property in question to the uses permitted under the existing classification or district and under the proposed classification or district.
(d) The trend of development, if any, in the general area of the affected property, including changes, if any, which have taken place since the date the affected property was placed in its present zoning classification or district.
(e) The trend or development, if any, as to the proposed uses of property within the general area of the affected property, as represented on the Comprehensive Plan.
(f) The length of time the property has been vacant as zoned, considered in the context of the land development and the area surrounding the subject property.
(g) The extent to which property values are diminished, if at all, by particular zoning restrictions.
(2) Text Amendment. The Plan Commission will evaluate the request for a text amendment against the intent of this chapter, the recommendations of the Comprehensive Plan, and the public health, safety and general welfare.
(F) Legislative Decision: The wisdom of amending the zoning map or the text of this chapter is a matter committed to the sound legislative discretion of the Board of Trustees.
(Ord. 17-2-2065, passed 2-27-2017)