(A) Zoning map amendments. This section applies to changes in the zoning designation of individual properties or changes to the zoning district boundaries and sizes of one or more properties on the zoning map.
(1) Map amendments may be proposed by the Village President and Village Board of Trustees, Planning & Zoning Commission, Zoning Board of Appeals, village staff, Zoning Administrator or individual property owners applying only for the property they own.
(2) An application for a map amendment shall be filed with the village or the Zoning Administrator. The application shall be accompanied by the plans or data and any other information, specified by the Planning & Zoning Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed map amendments will conform to the standards set forth herein. Copies of the application shall be forwarded by the Zoning Administrator to the Planning & Zoning Commission with the request to hold a public hearing.
(3) The Planning & Zoning Commission shall conduct a public hearing in accordance with § 159.179.
(4) Upon receipt in proper form of the applications and statement referred to in division (A)(2) above, the Planning & Zoning Commission shall hold at least one public hearing on the proposed map amendment. However, the Planning & Zoning Commission may continue from time to time the public hearing without further notice being published, subject to compliance with the requirements of the Open Meetings Act.
(5) Within 45 days after the close of the public hearing on a proposed map amendment, the Planning & Zoning Commission shall make written findings of fact and shall submit them together with its recommendations to the Village President and Village Board of Trustees. The Planning & Zoning Commission shall make findings based on the evidence presented to it in each specific case with respect to the following matters:
(a) Existing uses of the property within the general area of the property in question;
(b) The suitability of the property in question to the land uses permitted under the existing zoning district or classification in question;
(c) Length of time the property has remained vacant as zoned in the context of land development in the general area;
(d) Community need for the proposed land use;
(e) Extent to which property values are diminished by a particular zoning district or classification;
(f) Extent to which the destruction of the property value of a property owner benefits the health, safety, or general welfare of the public;
(g) Relative gain to the public as compared to the hardship on an individual property owner; and,
(h) Consistency and compliance of the proposed use with the Village Comprehensive Plan, and the current applicability of the Comprehensive Plan designation of the property in question.
(6) The Planning & Zoning Commission may hear a request for any map amendment and may recommend a zoning district or classification that is more restrictive than that requested.
(B) Zoning Code text amendments. This section applies to any revision, change, addition, or deletion of text from Chapter 159.
(1) Text amendments may be proposed by the Village President and Village Board of Trustees, Planning & Zoning Commission, Zoning Board of Appeals, Village Staff, or the Zoning Administrator.
(2) The Planning & Zoning Commission shall conduct a public hearing in accordance with § 159.179.
(3) Within 45 days after the close of the public hearing on a proposed text amendment, the Planning & Zoning Commission shall make written findings of fact and shall submit them together with its recommendations to the Village President and Village Board of Trustees.
(C) For each application for a zoning text or map amendment, the Planning & Zoning Commission shall report to the Village President and Board of Trustees its findings and recommendations, including the stipulations of additional conditions, and guarantees that these conditions will be complied with, when they are deemed necessary for the protection of the public interest. The Village President and Board of Trustees may grant or deny any application for an amendment, provided, that in the event of written protest against any proposed map amendment signed and acknowledged by the property owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, and filed with the Village Clerk, then such map amendment shall not be passed except by a favorable vote of two-thirds of the trustees of the village then holding office.
(D) A concurring vote of a majority of those members present at the meeting with a minimum of three concurring votes shall be required to recommend granting or denying an application for an amendment.
(E) The report to the Village President and Board of Trustees shall contain the number present and the number of votes for or against the motion.
(F) The Village President and Board of Trustees, upon receiving the recommendation of the Planning & Zoning Commission, may grant or deny the proposed amendment in accordance with applicable state law, or may refer to the Planning & Zoning Commission for further consideration.
(G) If an application for a proposed amendment had not received a final action by the Village Board of Trustees within six months from the date on which the application was received by the Village President and Board of Trustees, it shall be deemed to have been denied.
(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 12-0973, passed 4-4-12; Am. Ord. 12-1013, passed 11-7-12)