(A) The Board of Trustees may amend this chapter in accordance with state law (ILCS Ch. 65, Act 5, § 11-13-14) and the provisions of this section.
(B) Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments.
(C) Amendments may be proposed by the Board of Trustees, the Administrator, the Board of Zoning Appeals, the Planning Commission, or any party in interest.
(1) Filing. Every proposal to amend this chapter shall be filed with the Administrator on a prescribed form. (Every amendment proposal shall also be filed with the Soil and Water Conservation District (as per ILCS Ch. 70, Act 405, § 22.02a). The Administrator shall promptly transmit the proposal, together with any comments or recommendations he or she might wish to make, to the Planning Commission for a public hearing. (Note: filing fee required.)
(2) Public hearing; notice. The Planning Commission shall hold a public hearing on every amendment proposal within a reasonable time after the proposal has been submitted to them. 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:
(a) By first class mail to all parties whose property would be directly affected by the proposed amendment; and
(b) By publication in a newspaper of general circulation within the village.
(3) Advisory report; findings of fact. Within a reasonable time after the public hearing, the Planning Commission shall submit their advisory report to the Board of Trustees. The report shall state the Plan Commission's recommendations regarding adoption of the proposed amendment, and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the Plan Commission shall include in their advisory report findings of fact concerning each of the following matters:
(a) Existing use and zoning of the property in question;
(b) Existing uses and zoning of other lots in the vicinity of the property in question;
(c) Suitability of the property in question for uses already permitted under existing regulations;
(d) Suitability of the property in question for the proposed use;
(e) The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned; and
(f) The effect the proposed rezoning would have on implementation of the village community plan.
(4) Action by Board of Trustees. The Board of Trustees shall act on every proposed amendment at their next regularly scheduled meeting following submission of the Plan Commission's advisory report. Without further public hearing, the Board of Trustees may approve or disapprove any proposed amendment or may refer it back to the Plan Commission for further consideration, by simple majority vote of all the members then holding office. Exception: The favorable vote of at least two-thirds of all the members of the Board of Trustees is required to pass an amendment to this chapter 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.
(ILCS Ch. 65, Act 5, § 11-13-14) (1994 Code, § 40-10-5)