(A) Purpose: The process for amending the zoning ordinance text or map is intended to permit modifications in response to 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 Of Amendments: The village, or any person having a right of ownership of any property in the village, may propose map or text amendments. All applications for map or text amendments shall be filed with the planning and zoning administrator in accordance with the requirements of section 6-3-1, "Application", of this title. Amendments initiated by the village require an application, but are exempt from fees.
(C) Authority And Execution: The village board, after receiving a recommendation from the plan commission/zoning board of appeals, shall take formal action on requests for map or text amendments.
(D) Procedure:
1. Acceptance Of Application By Planning And Zoning Administrator: Upon receipt of a complete application, the planning and zoning administrator shall review the application for completeness. The planning and zoning administrator shall schedule the application for an upcoming plan commission/zoning board of appeals agenda for consideration.
2. Action By The Plan Commission/Zoning Board Of Appeals:
(a) The plan commission/zoning board of appeals shall hold a public hearing in accordance with section 6-3-2, "Public Hearing", of this title within thirty (30) days of the filing of the completed application. Notice for the public hearing shall be in accordance with section 6-3-3, "Public Notice", of this title.
(b) Within thirty (30) days of the close of the public hearing, the plan commission/zoning board of appeals shall forward to the village board its findings of fact and recommendation of either approval, approval with conditions, or denial on applications for zoning text amendments, or recommendation of either approval or denial on applications for zoning map amendments.
3. Action By The Village Board: The village board shall consider the application within thirty (30) days of receiving the findings of fact and recommendation from the plan commission/zoning board of appeals. The village board may take action in the form of approval, approval with conditions, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments. The village board may also refer the matter back to the plan commission/zoning board of appeals for further consideration.
(E) Standards For Zoning Text And Map Amendments: The plan commission/zoning board of appeals recommendation and village board decision on any zoning amendment, whether text or map amendment, is a matter of legislative discretion that is not controlled by any one standard. However, in making their recommendation and decision, the plan commission/zoning board of appeals and village board shall consider the following standards, as set forth in table 1, "Standards For Zoning Map And Text Amendments", of this section:
TABLE 1
STANDARDS FOR ZONING MAP AND TEXT AMENDMENTS
Standards | Map Amendments | Text Amendments |
Standards | Map Amendments | Text Amendments |
1. The existing use and zoning of nearby property. | X | |
2. The extent to which property values of the subject property are diminished by the existing zoning. | X | |
3. The extent to which the proposed amendment promotes the public health, safety, comfort, convenience and general welfare of the village. | X | X |
4. The relative gain to the public, as compared to the hardship imposed upon the applicant. | X | X |
5. The suitability of the property for the purposes for which it is presently zoned, i.e., the feasibility of developing the property in question for 1 or more of the uses permitted under the existing zoning classification. | X | |
6. The length of time that the property in question has been vacant, as presently zoned, considered in the context of development in the area where the property is located. | X | |
7. The evidence, or lack of evidence, of community need for the use proposed by the applicant. | X | |
8. The consistency of the proposed amendment with the comprehensive plan. | X | X |
9. The consistency of the proposed amendment with the intent and general regulations of this title. | X | |
10. Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. | X | |
11. That the proposed amendment will benefit the residents of the village as a whole, and not just the applicant, property owner(s), neighbors of any property under consideration, or other special interest groups, and the extent to which the proposed use would be in the public interest and would not serve solely the interest of the applicant. | X | X |
12. Whether the proposed amendment provides a more workable way to achieve the intent and purposes of this title and the comprehensive plan. | X | |
13. The extent to which the proposed amendment creates nonconformities. | X | X |
14. The trend of development, if any, in the general area of the property in question. | X | |
15. Whether adequate public facilities are available including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are reasonably capable of being provided prior to the development of the uses, which would be permitted on the subject property if the amendment were adopted. | X | |
16. The extent to which the proposed amendment is consistent with the overall structure and organization of this title. | X | |
(F) Written Protest: In the case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged either by the owners of twenty percent (20%) of the frontage proposed to be altered or twenty percent (20%) of the frontage immediately adjacent to or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage abutting or directly opposite the frontage proposed to be altered, the amendment shall not be passed except by a favorable vote of two- thirds (2/3) of the members of the village board then holding office. In such cases, a copy of the written protest shall be served, by the protestor, to both the applicant for the proposed amendment and 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.
(G) Fees: Fees shall be established from time to time by resolution of the village board. (Ord. 2006-37, 12-21-2006)