A. Generally: The regulations and districts established by this title may be amended from time to time by the board of trustees through the enactment of an amending ordinance. No such amending ordinance shall be adopted prior to zoning board of appeals conducting a public hearing and submitting a report of its finding and recommendations to the board of trustees. (Ord. 961, 2-12-1997, eff. 2-22-1997)
B. Initiation: Amendments may be proposed by the board of trustees, zoning board of appeals, plan commission, village administrator, zoning administrator, and by any other person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.
C. Procedures:
1. Application: An application for an amendment shall be filed with the zoning administrator, who shall forward such application to the zoning board of appeals prior to the next scheduled meeting of the zoning board of appeals. The application shall be in such form and contain such information and be accompanied by such plans as the board of trustees may by rule require.
2. Notice Of Hearing: The zoning board of appeals shall hold a public hearing within sixty (60) days after receiving the application from the zoning administrator. Notice of time and place of the hearing shall be published at least once in a newspaper of general circulation in the village not more than thirty (30) days nor less than fifteen (15) days before such hearing. Notice shall also be given to all adjacent property owners as provided in subsection
D. Standards: The zoning board of appeals shall not make a recommendation to the board of trustees to amend the ordinance or map unless:
1. The proposed amendment would not be contrary to the general welfare.
2. There is no administrative procedure available and preferable to rezoning.
3. The original purpose of the zoning regulation for which change is being proposed would not be impeded by the proposed amendment.
4. There are no sites for the proposed use in existing districts permitting such use.
5. The proposed change is not contrary to the established land use pattern and the comprehensive plan.
6. The change would not create an isolated, unrelated district.
7. There have been major land use changes since the zoning regulations applied which support the proposed amendment.
8. The owner of the property cannot realize an economic benefit from uses in accord with existing zoning.
9. The change in existing district boundaries would not be inconsistent with existing uses.
10. The proposed change would not conflict with existing commitments or planned public improvements.
11. The change would not contribute to traffic congestion or dangerous traffic patterns.
12. Change would not alter the population density pattern through creating a harmful increase on use of public facilities, e.g., schools, sewer and water, parks.
13. The change would not adversely influence living conditions in the vicinity due to any type of pollution.
14. Property value in the vicinity would not be decreased by the proposed amendment. (Ord. 1133, 4-25-2001)