(A) Authority to File
Amendments to the zoning map may be initiated by the Village Board or by the owner of the property that is the subject of the proposed map amendment or by the subject property owner’s authorized agent.
1. The Planning and Zoning Commission or Zoning Administrator may recommend the initiation of a map amendment to the Village Board. No application for a map amendment shall be filed by the Village without Village Board authorization.
(B) Application Filing
Complete applications for map amendments must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.
(C) Application Review and Report
1. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed map amendment in light of the standards and review criteria of this Section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed map amendment.
(D) Required Notice
1. Newspaper Notice. Notice of the Planning and Zoning Commission’s required public hearing on a map amendment must be published in the newspaper in accordance with the requirements of this Chapter.
2. Delivered Notice. Notice of the Planning and Zoning Commission’s required public hearing on a map amendment must be delivered in accordance with the requirements of this Chapter.
3. Posted Notice. Notice of the Planning and Zoning Commission’s required public hearing on a map amendment must be posted on the subject property in accordance with the requirements of this Chapter.
(E) Public Hearing
The Planning and Zoning Commission must hold a public hearing on the proposed map amendment within 60 days of receipt of a complete application. Within 60 days of the close of the public hearing, the Planning and Zoning Commission must act by simple majority vote of a quorum to recommend that the proposed map amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the Village Board.
(F) Final Action
Within 60 days of the Planning and Zoning Commission’s recommendation, the Village Board must act to approve the proposed zoning map amendment, approve the proposed amendment with modifications or deny the proposed amendment. The Village Board may also remand the proposed map amendment back to the Planning and Zoning Commission for further consideration.
1. If the map amendment application is remanded, the Village Board must specify the reasons and scope of the remand, and further proceedings before the Planning and Zoning Commission must be limited to those identified items. The Planning and Zoning Commission must conduct further proceedings as may be appropriate and return a recommendation on the map amendment application to the Village Board within 60 days of the date that the matter is remanded to the Planning and Zoning Commission. Within 60 days of receipt of the Planning and Zoning Commission’s recommendation, the Village Board must take final action on the map amendment application.
(G) Standards and Review Criteria
The decision to amend the zoning map is a matter of legislative discretion that is not controlled by any single standard. In making recommendations and decisions about map amendments, review and decision-making bodies must consider at least the following factors:
1. Existing legally established uses of property within the general vicinity of the subject property.
2. The zoning classification of property within the general vicinity of the subject property.
3. The suitability of the subject property for the uses allowed under the existing zoning classification.
4. The trend of development, if any, in the general vicinity of the subject property, including changes, if any, that may have taken place since the time the subject property was placed in its present zoning classification.
5. Compliance with officially adopted plans of the Village.
(H) Successive Applications
If a map amendment application is denied, no application absent a change in circumstances may be accepted that proposes reclassification of any portion of the same property for the same zoning classification for 12 months from the date of the Village Board decision to deny.
(I) Protest Petitions
1. If a valid protest petition is filed against any proposed map amendment, passage of the map amendment requires a favorable vote of two-thirds of the Village Board trustees holding office.
2. A protest petition will be deemed valid if it is 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 abutting or across an alley therefrom, or by the owners of the 20% of the frontage directly opposite the frontage proposed to be altered.
3. A written protest petition opposing a map amendment must be submitted to the Village Clerk before the Village Board’s vote
4. When a written protest petition has been submitted, the protest petition must be served by the protestors upon the applicant and upon the applicant’s attorney, if any, by certified mail at the applicant’s and attorney’s addresses shown on the application.
Map Amendment Decision Process
(Ord. 2021-4931, 11-15-2021)