A. Authority: The Village Board, after receiving a report from the Planning and Zoning Commission containing its findings and recommendations, may amend the regulations of this title or may amend the zoning district boundary lines.
B. Standards For Amendments: The Planning and Zoning Commission shall not recommend nor shall the Village Board grant an amendment to alter the zoning district boundary lines, unless it shall make findings based upon the evidence presented to it in each specific case that:
1. The amendment promotes the public health, safety, comfort, convenience and general welfare and complies with the policies and Official Comprehensive Land Use Plan 1 and other official plans of the Village; and
2. The trend of development in the area of the subject property is consistent with the requested amendment; and
3. The requested zoning classification permits uses which are more suitable than the uses permitted under the existing zoning classification; and
4. The property cannot yield a reasonable return if permitted to be used only under the conditions allowed under the existing zoning classification; and
5. The subject property has not been utilized under the existing zoning classification for a substantial period of time; and
6. The amendment, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.
C. Procedure: An application for an amendment shall be processed in accordance with the provisions of section 10-12-5 of this chapter.
D. Initiation Of Amendment: An amendment which alters the zoning district boundary line may be proposed by the Village Board, Planning and Zoning Commission or by a person being the owner, lessee or contract purchaser of the subject property. Text amendments may be initiated by the Village Board, the Planning and Zoning Commission or the Zoning Officer.
E. Decisions Of The Village Board: After recommendation by the Planning and Zoning Commission, the Village Board may, by ordinance, grant, or grant with modification, an amendment. If the Village Board does not approve an amendment after recommendation by the Planning and Zoning Commission, it may deny the amendment or refer the proposed amendment back to the Planning and Zoning Commission for further consideration. If the Village Board does not concur with the recommendation of the Planning and Zoning Commission to deny, the favorable vote of four (4) members of the Village Board shall be necessary to pass an ordinance granting the amendment.
F. Conditions And Restrictions:
1. The Planning and Zoning Commission may recommend and the Village Board may impose conditions and restrictions upon the premises benefited by an amendment as may be necessary to comply with the standards set forth in this section. They shall relate directly to the regulations and provisions of this title.
2. If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the amendment is utilized or in effect.
3. Such conditions and restrictions shall directly benefit the premises described in the amendment and shall be imposed only if the Village Board finds them necessary to prevent circumstances which may be adverse to public health, safety and welfare. Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed land use. Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section for amendments. (Ord. 17-1864, 11-14-2017; amd. Ord. 20-1960, 1-14-2020)
Notes
| 1 | 1. See title 9, chapter 1 of this Code. |