A. Authority: The regulations imposed and the districts created under this title may be amended from time to time by ordinance in accordance with applicable Illinois statutes. An amendment shall be granted or denied by the board of trustees only after public hearing before the zoning board of appeals/plan commission and report of its findings and recommendations has been submitted to the board of trustees. (1965 Code title 6 § 603.1)
B. Application For Amendment: An application for amendment shall be filed with the zoning administrator along with an application fee as provided in section 13-3-8 of this chapter. Said application shall contain the following information: (1965 Code title 6 § 603.2; amd. 2009 Code)
1. The name, address and phone number of the applicant, the owner of the property, if different, and the applicant's attorney or representative, if any.
2. The legal description, common address(es) and permanent index number(s) of the property.
3. A description of the existing use of the property.
4. The zoning district in which the property is located.
5. The proposed use of the subject property.
6. The land uses and zoning districts of all properties abutting or across a street or alley from the subject property.
7. The proposed zoning of the subject property.
8. If the proposed amendment is a "text amendment" rather than "map amendment", the application need only include subsection B1 of this section and the proposed language of the text amendment. (1965 Code title 6 § 603.2)
C. Hearing: The zoning administrator shall forward the application to the zoning board of appeals/plan commission to conduct a public hearing. (1965 Code title 6 § 603.3)
D. Conditions Of Approval: The zoning board of appeals/plan commission may recommend, and the village board may impose, such conditions and restrictions upon the property benefited by a map amendment as they deem necessary to assure compliance with other provisions of this title or to reduce or minimize the effect of such map amendment upon other property in the neighborhood or to implement the general purpose and intent of this title. Said conditions or restrictions may include approval of a special site plan including variations from the bulk requirements of this title. (1965 Code title 6 § 603.4)
E. Findings Of Fact, Recommendations And Approval:
1. The zoning board of appeals/plan commission shall make the following findings of fact, where applicable, in relation to all applications under this section for a map amendment (rezoning):
a. The existing uses and zoning classifications of properties in the vicinity of the subject property.
b. The trend of development in the vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its present plan designation or zoning classification.
c. The extent to which the value of the subject property is diminished by the existing comprehensive plan designation or zoning classification.
d. The extent to which such diminution in value is offset by an increase in the public health, safety, and welfare.
e. The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.
f. The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment.
g. The extent, if any, to which future orderly development and redevelopment of adjacent properties would be affected by the proposed amendment.
h. The suitability of the subject property for uses permitted or permissible under its present comprehensive plan designation or zoning classification.
i. The availability of adequate ingress and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment.
j. Availability of adequate public utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present comprehensive plan designation or zoning classification.
k. Length of time that the subject property has been vacant or underutilized, in consideration of the contest of the pace of development and redevelopment in the vicinity of the subject property and the community's need for the proposed map amendment and for the uses and development that it would allow.
2. In considering any application for a text amendment to this title, it is not necessary for the zoning board of appeals/plan commission to make any specific findings of fact, but the zoning board of appeals/plan commission should be guided by the principle that such amendments are reserved to the sole legislative discretion of the board of trustees, which discretion may not be exercised in an arbitrary manner, but in accordance with the purposes of this title set forth in section 13-1-2 of this title and in accordance with the land use policies and objectives set forth in this title.
3. Within a reasonable time after the public hearing, the zoning board of appeals/plan commission shall report its findings of fact, if applicable, and recommendations to the board of trustees in writing. Upon receipt of the findings of fact, if applicable, and recommendations, the board of trustees, by ordinance, without further public hearing, may adopt any proposed amendment or may refer it back to the zoning board of appeals/plan commission for further consideration.
4. In the event a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of the trustees then holding office. In such cases, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. (1965 Code title 6 § 603.5)