A. Authorization: The regulations imposed and districts created by this title may be amended by ordinance from time to time in the manner provided by this title and the applicable Illinois statutes. (Ord. 0-77-27, 7-18-1977)
B. Initiation Of Map And Text Amendments: Text amendments may be proposed in writing by the city council, the plan/zoning board of appeals, by any person having proprietary interest in the property in the city, or by any interested citizen of the city.
Map amendments may be proposed by the owner of the property involved, by the city council, by the plan/zoning board of appeals, or by other city officials.
C. Standards For Map And Text Amendments: No map or text amendments shall be recommended by the plan/zoning board of appeals unless said board shall find: (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)
1. That the net impact of the proposed amendment, if granted, will be beneficial to the entire community and will not be harmful to the local area in particular.
2. That a need exists for the general type of use proposed and that the specific proposal will indeed satisfy it more closely than the other possible uses.
3. That the use proposed is compatible with the current comprehensive land use plan of the city of Prospect Heights, in effect on the date of the application.
4. That the proposed use is compatible and harmonious with uses in the surrounding general area. (Ord. 0-77-27, 7-18-1977)
5. That the area described in the petition does not lie wholly or partly in the floodplain as defined by the Illinois department of transportation, division of water resources, or, if it does lie wholly or partly within the floodplain, that adequate provisions for storage, runoff control and floodwater retention, as appropriate, have been made or can be made. (Ord. 0-89-25, 6-5-1989)
D. Notice Of Hearing: Public notice of such hearing shall be published at least once, not less than fifteen (15) days nor more than thirty (30) days before such hearing, in a newspaper published within the city of Prospect Heights. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, legal description of the property involved, and a brief description of the proposed amendment. The board may give such additional notice as it may, from time to time, by rule provide. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney. (Ord. 0-77-27, 7-18-1977)
E. Notice To Property Owners: The petitioner for a map amendment shall notify all property owners within three hundred fifty feet (350'), excluding public land and rights of way, but in no event more than four hundred fifty feet (450'), in each direction of the petitioner's property lines, by certified mail or hand delivery to said property owners, of the date, hour and location of the public hearing and the map amendment requested. For notice to the owners of condominiums, cooperatives, or other types of common interest communities (except common interest communities made up exclusively of detached single-family homes) service upon the president or registered agent of the condominium association, cooperative, or common interest community as reflected in the records of the Illinois secretary of state, with delivery via first class U.S. mail to individual unit owners, shall be sufficient notice under this paragraph.
Such notice shall be in the same form as the published public notice and shall be mailed or delivered not less than fifteen (15) and not more than thirty (30) days prior to the date of the public hearing. The owners to be notified are such persons or entities which appear in the authentic tax records of Cook County. Proof of notification shall be submitted by the petitioner to the plan/zoning board of appeals no later than the day of the public hearing. (Ord. 0-16-12, 4-11-2016)
F. Report Of Hearing: The plan/zoning board of appeals shall report on all requests for amendments within fifteen (15) days of the last public hearing thereon. The concurring vote of four (4) members of the board shall be necessary to recommend an amendment. An amendment shall be recommended or denied by means of a conclusion or statement of relief recommended, supported by findings of fact, which statement and findings shall be transmitted to the city council within fifteen (15) days from the date of the last public hearing thereon. (Ord. 0-89-05, 2-21-1989; amd. Ord. 0-03-35, 9-15-2003)
1. The findings of fact shall specify the reason or reasons for recommending or denying the amendment, and shall refer to any exhibits containing plans and specifications for the proposed amendment which have been made part of the application or which were introduced at the public hearing as evidence.
2. The terms of relief recommended shall be specifically set forth in conclusion or statement separate from the findings of fact. (Ord. 0-89-05, 2-21-1989)
G. Action By The City Council: After receiving the recommendations and report of the plan/zoning board of appeals, the city council shall within sixty (60) days, review the recommendations and report, and may pass the proposed amendment in a residentially zoned district, and within one hundred eighty (180) days in all other zoning districts with or without change, may reject it, or may recommit it to the plan/zoning board of appeals for further consideration. An amendment shall not be passed contrary to the recommendation of the plan/zoning board of appeals except upon a favorable vote of two-thirds (2/3) of the aldermen. (Ord. 0-04-27, 6-7-2004, eff. 6-17-2004)