§ 151.347 AMENDMENT/RE-ZONING.
   (A)   Generally. The Village Board of Trustees may amend this Development Code in accordance with state law (Illinois Compiled Statutes) and the provisions of this section. Amendments may be proposed by the Village Board of Trustees, the village staff, the Village Planning Commission or any party in interest.
   (B)   Application.
      (1)   An application (see § 151.340) shall be submitted to the village staff and the application along with a staff advisory report, will be forwarded to the Planning Commission for consideration as herein provided. The application shall be accompanied by a non-refundable fee. (See Chapter 34.)
      (2)   Every Amendment proposal shall also be filed with the St. Clair County Soil and Water Conservation District by the applicant and evidence of same furnished with the application to the village.
      (3)   Applicant, at a minimum, to include the following items of information (in narrative and/or graphic form):
         (a)   Name and address of the applicant;
         (b)   Name and address of the owner or operator of the proposed structure or use, if different from division (B)(3)(a) above;
         (c)   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;
         (d)   Location of the proposed use or structure, and its relationship to existing adjacent uses or structure;
         (e)   Area and dimensions of the site for the proposed structure or uses;
         (f)   Existing topography of the site, with two-foot contours and proposed finished grade;
         (g)   Number and size of proposed dwelling units, if any;
         (h)   Location and number of proposed parking/loading spaces and accessways;
         (i)   Identification and location of all existing utilities;
         (j)   For original submittal, two copies (24" by 36" size) of the plan will be submitted with the application. After review and modifications applicant to submit two copies (24" by 36" size) plans and ten copies (11" by 17" size) plans; and
         (k)   Any other pertinent information that the Administrator may require.
   (C)   Public hearing, notice. The Village Planning Commission shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment shall be given not more than 30, nor less than 15, days before the hearing.
      (1)   The applicant will give notice by certified mail or notarized signatures on a sheet to all parties whose property would be directly affected by the proposal and must include all adjoining property owners. Applicant shall submit to the village staff prior to the public hearing proof (certified return receipt) that all parties have been notified. If proof is not given at least one business day prior to the public hearing, the application shall be removed from the agenda and the public hearing must be rescheduled.
      (2)   The village will publish notice in a newspaper of general circulation within its municipality at the applicant's expense.
   (D)   Recommendation, findings of fact. After the public hearing, the Planning Commission shall submit a recommendation to the Village Board of Trustees. This recommendation shall state the Village Planning Commission’s findings regarding adoption of the proposed amendment.
   (E)   Action by Village Board of Trustees. The Village Board of Trustees shall act on every proposed Amendment at its next regularly scheduled meeting (not a committee at large meeting) following submission of the Village Planning Commission's recommendation. Without further public hearing, the Village Board of Trustees may pass any proposed Amendment or may refer it back to the Village Planning Commission for further consideration, by simple majority vote of all members then holding office.
      (1)   If a request for an amendment is denied by the Village Board, an amendment/rezoning request, on same parcel, by the same owner/applicant, will not be accepted by the village, for one year following the Village Board meeting at which the denial was made.
      (2)   Exception: The favorable vote of at least two-thirds of all the members of the Village Board of Trustees is required to pass an amendment to this Development Code when the proposed amendment is opposed, in writing, by the 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.
(Am. Ord. 2020-03-02A, passed 3-2-2020)