(A) Intent
The text of this Zoning Ordinance may be amended from time to time in accordance with the procedures of this Section. The text amendment process is intended to allow for clarification of certain provisions, correction of contradictory clauses, or to change regulations to reflect evolving needs and concerns.
(B) Authority to File
Amendments to the text of this Zoning Ordinance may be initiated by the Village Board or by a property owner or the property owner’s authorized agent.
1. The Planning and Zoning Commission or Zoning Administrator may recommend initiation of a text amendment. No application for a text amendment shall be filed by the Village without Village Board authorization.
2. The Zoning Administrator is authorized to initiate text amendments of this Zoning Ordinance on an annual basis for the purpose of correcting errors or inconsistencies in the Zoning Ordinance.
(C) Application Filing
Complete applications for text amendments must be filed with the Zoning Administrator.
(D) Application Review and Report
1. The Zoning Administrator must review the text amendment application in accordance with Section 5-17-3(C).
2. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed text 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 special use permit.
(E) Required Notice
1. Newspaper Notice. Notice of the Planning and Zoning Commission’s required public hearing on a text amendment must be published in the newspaper in accordance with Section 5-17-5(A).
2. Delivered Notice. Notice of the Planning and Zoning Commission’s required public hearing on a text amendment that proposes reclassification of a prohibited use to a permitted use or permitted special use within a zoning district must be delivered in accordance with Section 5-17-5(B).
(F) Public Hearing
The Planning and Zoning Commission must hold a public hearing on the proposed text 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 text amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the Village Board.
(G) Final Action
Within 60 days of the Planning and Zoning Commission’s recommendation, the Village Board must act to approve the proposed text amendment, approve the text amendment with modifications or deny the text amendment. The Village Board may also may remand the proposed text amendment back to the Planning and Zoning Commission for further consideration.
1. If the text 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 text 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 text amendment application.
(H) Standards and Review Criteria
The decision to amend the Zoning Ordinance text is a matter of legislative discretion that is not controlled by any one standard. In making recommendations and decisions about Zoning Ordinance text amendments, review and decision-making bodies must consider at least the following factors:
1. Whether the proposed text amendment is in conformity with the policy and intent of the comprehensive plan; and
2. Whether the proposed text amendment corrects an error or inconsistency in the Zoning Ordinance, meets the challenge of a changing condition or is necessary to implement established policy.
3. Whether the proposed text amendment reflects a change, new development, or new use that is beneficial to the Village.
(I) Protest Petitions
1 If a valid protest petition is filed against any proposed text amendment, passage of the text 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. 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.
Text Amendment Decision Process
(Ord. 2021-4931, 11-15-2021)