14-11-3: ZONING MAP AMENDMENTS:
 
(Ord. 1379, 6-9-2008; amd. Ord. 1578, 8-18-2014)
   (A)   Authority To File: Zoning map amendments (rezonings) may be proposed by the city council, plan commission, or the owner of the property proposed to be changed.
   (B)   Filing:
      1.   Applications for zoning map amendments must be filed with the city clerk.
      2.   Applications for all zoning map amendments must be accompanied by payment of a fee to the city of Spring Valley for the map amendment as per fees established by the Spring Valley city council.
   (C)   Contents Of Application: The following information must be included with all applications for zoning map amendments:
      1.   A description of the lot or lots to be rezoned;
      2.   Reasons in support of the proposed zoning map amendment, specifically addressing the review and approval criteria of subsections (G)1 through (G)6 of this section;
      3.   A lot plan drawn on a scale of one inch equals one hundred feet (1" = 100'), showing:
         (a)   The area proposed to be rezoned;
         (b)   The subject area's location and dimensions; and
         (c)   The location, zoning and existing use of all properties within one hundred feet (100');
      4.   Names and mailing addresses of owners of the subject property and all properties within one hundred feet (100') of the area to be rezoned; and
      5.   Any additional information required by the plan commission or city council.
   (D)   Public Hearing: The plan commission must hold a public hearing on each zoning map amendment application. Written notice and published notice must be provided according to the requirements of subsections 14-11-1(F)1 and (F)2 of this chapter.
   (E)   Plan Commission Recommendation:
      1.   The plan commission must review all proposed zoning map amendments in a public hearing. The plan commission must recommend that the city council approve the proposed zoning map amendment, approve the proposed amendment with modifications as recommended by the planning commission or disapprove the proposed amendment.
      2.   The plan commission may recommend rezoning to an alternative zoning district (i.e., different from that requested by the applicant), provided that the alternative district is no more intensive than the district requested by the applicant.
   (F)   City Council Action: After due consideration of the plan commission's recommendation, the city council must take action on the proposed zoning map amendment. The city council may approve or disapprove the plan commission's recommendation by simple majority vote. If a written protest against the proposed zoning map amendment is filed in accordance with the provisions of section 11-13-14 of the Illinois municipal code 1 the amendment shall not be passed except by favorable vote of two-thirds (2/3) of the aldermen of the city of Spring Valley then holding office.
   (G)   Review And Approval Criteria: In making their recommendations and decisions, the plan commission and city council must consider the following:
      1.   The existing uses of properties near the subject property;
      2.   The existing zoning classifications of properties near the subject property;
      3.   Whether the subject property is suitable for the uses permitted under the existing and proposed zoning districts;
      4.   The trend of development near the subject property, including changes that have taken place in the area since the subject property was placed in its current zoning district;
      5.   Whether the proposed zoning map amendment is consistent with the comprehensive plan; and
      6.   Whether the proposed zoning map amendment is in the public interest and is not solely in the interests of the applicant. (Ord. 1379, 6-9-2008)

 

Notes

1
1. 65 ILCS 5/11-13-14.