A. Purpose. The regulations imposed and the districts created by this Chapter may be amended from time to time in accordance with this section. This process for amending the Zoning Ordinance text or the Official Zoning Map is intended to allow modifications in response to omissions or errors, changed conditions, or changes in Village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.
B. Initiation. Amendments to this Chapter may be initiated by the Village Board, the Village President, the Zoning, Planning, and Appeals Commission, any Village property owner or his/her authorized designee(s), or by any interested citizen of the Village of Mettawa.
C. Authority. The Village Board, after receiving a recommendation from the Zoning, Planning, and Appeals Commission, will take formal action on requests for zoning text and map amendments.
D. Procedure. All applications must be filed with the Village Clerk in accordance with Section 15.1103.
1. Action by the Zoning, Planning, and Appeals Commission.
a. After receipt of a complete application, the Zoning, Planning, and Appeals Commission will consider the proposed application at a public hearing. Notice for the public hearing must be in accordance with Section 15.1103.
b. Within 45 days of the close of the public hearing, the Zoning, Planning, and Appeals Commission will prepare findings of fact and make its recommendation with respect to the proposed amendment and forward their findings and recommendation to the Village Board, as well as the Village Clerk and Zoning Administrator.
c. If, at the expiration of such 45 days, the Zoning, Planning, and Appeals Commission has not made findings and a recommendation, it is concluded that the Zoning, Planning, and Appeals Commission has made negative findings and has recommended denial of the proposed amendment.
d. The Zoning, Planning, and Appeals Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. For zoning text amendments, the Zoning, Planning, and Appeals Commission must recommend approval, approval with modifications, or denial of the application. For zoning map amendments, the Zoning, Planning, and Appeals Commission must recommend approval or denial of the application.
2. Action by the Village Board.
a. The Village Board must act on the application within 180 days of receipt of the Zoning, Planning, and Appeals Commission's findings and recommendation. If, at the expiration of 180 days, the Village Board has not acted, the application is denied.
b. The following applies to when an application has been referred to a committee of the Village Board:
i. Whenever the findings and recommendations of the Zoning, Planning, and Appeals Commission have been referred to any committee of the Village Board, the committee must make its report to the Village Board within 160 days of the date that the findings and recommendations are referred to it.
ii. If the committee does not make its report within 160 days, then the Village President will discharge the said committee from further responsibility in consideration of the said findings and recommendations and place the application for such proposed amendment on the agenda of the next regular meeting of the Village Board.
c. The Village Board must take action in the form of approval, approval with modifications, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments.
d. No amendments may be proposed within six months of the date of adoption of the Official Comprehensive Plan for the Village of Mettawa by the Village Board unless such amendment is approved by a favorable vote of two-thirds of all of the members of the Village Board then holding office.
E. Approval Standards. The Zoning, Planning, and Appeals Commission recommendation and the Village Board decision on any zoning text or map amendment is a matter of legislative discretion. In making their recommendation and decision, the Zoning, Planning, and Appeals Commission and the Village Board considers the following standards. The approval of an application is based on a balancing of these standards.
1. Approval Standards for Map Amendments.
a. The consistency of the proposed amendment with the Comprehensive Plan.
b. The compatibility with the existing use and zoning of nearby property.
c. The extent to which the proposed amendment promotes the public health, safety, and welfare of the Village.
d. The relative gain to the public, as compared to the hardship imposed upon the applicant.
e. The suitability of the subject property for the purposes for which it is presently zoned.
f. The length of time that the subject property in question has been vacant, as presently zoned, considered in the context of development in the area where the property is located.
g. The extent to which the proposed amendment creates nonconformities.
2. Approval Standards for Text Amendments.
a. The consistency of the proposed amendment with the Comprehensive Plan.
b. The extent to which the proposed amendment promotes the public health, safety, and welfare of the Village.
c. Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.
d. The extent to which the proposed amendment creates nonconformities.
F. Protest. In case of a written protest against any proposed map amendment, 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 adjacent, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the proposed amendment cannot be passed except by a favorable vote of two-thirds of all of the members of the Village Board then holding office.
(Ord. 885, passed 11-21-2023)