(A) Authority: The regulations and districts established by this zoning ordinance may be amended, from time to time, by the village board, through the enactment of an amending ordinance. No such amendment shall be made without a public hearing before the planning and zoning commission and after a report of findings and recommendations has been submitted to the village board by the planning and zoning commission.
(B) Initiation: Amendments may be proposed by the village board, planning and zoning commission, or by any other person, firm or corporation 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) Application: An application for an amendment shall be filed with the zoning administrator on a form provided by the Village. Upon determining that the application is complete, the zoning administrator shall notify the applicant and the application shall be scheduled for a public hearing before the planning and zoning commission. If the application is incomplete, the zoning administrator shall notify the applicant and no steps shall be taken to process the application until the deficiencies are rectified. Applications for map amendments shall include a drawing of the property proposed for rezoning showing the dimensions of the property, and also showing all streets, alleys and other properties within two hundred fifty feet (250') of the property proposed for rezoning.
(D) ublic Hearing By Planning And Zoning Commission: The planning and zoning commission shall hold a public hearing within sixty (60) days after receipt by the zoning administrator of a complete application. The planning and zoning commission shall, within sixty (60) days after the conclusion of the hearing, transmit a written report giving its findings and recommendations to the village board.
(E) Notice:
1. For text or map amendments, notice of the time and place of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the village.
2. For map amendments, the village shall give notice to the persons to whom the current real estate tax bills are sent, as shown by the on-line records of the Cook County treasurer, and to all persons residing on or in possession of the premises, of all lots lying within two hundred fifty feet (250') of the property lines of the lot for which the map amendment is sought.
3. All such map amendment notices shall be in writing and shall give the number, if any, assigned to the application, the place, purpose, date and time of such hearing and shall be given not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. The notices shall be delivered personally or may be sent by first class mail, properly addressed, with sufficient postage affixed thereon. The person performing the mailing shall evidence completion of the mailing by executing and providing an Affidavit of Mailing attesting to completion of the mailing in conformance with the requirements of this section.
4. If a specific parcel is the subject of an application for a map amendment, notice shall also be given by posting a sign on said property. The sign shall measure at least six (6) square feet, be clearly visible from the public sidewalk, and bear on its face, at a minimum, the words "Notice: Zoning Application and Public Hearing Pending" and a Village telephone number that can be called for additional information. The sign shall be issued to the applicant by the Building Department for posting by the applicant. The sign shall be posted facing the street, not more than thirty (30) days nor less than fifteen (15) days before said hearing and shall be removed from the property and returned to the Building Department by the applicant following the conclusion of the hearing. Maintenance of the posted sign is the responsibility of the applicant. Failure of the sign to remain posted for the entire required time due to vandalism, removal by third parties, or for other reasons outside of the control of the applicant shall not impact the validity of the proceeding, or constitute grounds for suspension or continuance of the approval process.
(F) Standards For Amendments: The planning and zoning commission 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 planning and zoning commission and village board shall consider the following standards, as set forth in table 1, "Standards For Zoning Amendments", of this section.
(G) Decision By Village Board:
1. The village board, upon receiving the report of the planning and zoning commission, and without further public hearing, may grant or deny any proposed amendment in accordance with applicable Illinois statutes, or may refer it back to the planning and zoning commission for further consideration.
2. If no action is taken by the village board within six (6) months after the receipt of the report of the planning and zoning commission, the application shall be deemed to be denied and shall not thereafter be granted. (Ord. 2550, 12-19-2005; amd. Ord. 2843, 12-19-2013)
(H) Written Protest: In the case of a written protest against any proposed map or text amendment, 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 to be altered, filed with the village clerk, the amendment shall not be passed except on the favorable vote of two-thirds (2/3) of the village board trustees holding office.
(I) Fees: Application fee shall be as established by the village of Riverside.
TABLE 1
STANDARDS FOR ZONING AMENDMENTS
Standards | Map Amendments | Text Amendments |
Standards | Map Amendments | Text Amendments |
The existing use and zoning of nearby property | X | |
The extent to which property values of the subject property are diminished by the existing zoning | X | |
The extent to which the proposed amendment promotes the public health, safety, comfort, convenience and general welfare of the village | X | X |
The relative gain to the public, as compared to the hardship imposed upon the applicant | X | X |
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 one or more of the uses permitted under the existing zoning classification | X | |
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 | |
The evidence, or lack of evidence, of community need for the use proposed by the applicant | X | |
The consistency of the proposed amendment with village plans | X | X |
The consistency of the proposed amendment with the intent and general regulations of this zoning ordinance | X | |
Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy | X | |
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 |
Whether the proposed amendment provides a more workable way to achieve the intent and purposes of this zoning ordinance and the village plans | X | |
The extent to which the proposed amendment creates nonconformities | X | X |
The trend of development, if any, in the general area of the property in question | X | |
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 | |
The extent to which the proposed amendment is consistent with the overall structure and organization of this zoning ordinance | X | |
(Ord. 2550, 12-19-2005; amd. Ord. 2843, 12-19-2013; Ord. 3020, 8-15-2019)