(A) General. The regulations established by this chapter may be amended from time to time by the Board of Trustees through the enactment of an amending ordinance; provided, however, that, the Planning and Zoning Board shall first conduct a public hearing to consider such amendment and, thereafter, submit its recommendation and findings of fact to the Board of Trustees.
(Prior Code, § 20-1551)
(B) Initiation. Amendments to the text may be proposed by the Board of Trustees, the Planning and Zoning Administrator, the Planning and Zoning Board or any other party in interest.
(Prior Code, § 20-1552)
(C) Standards for amendment to the text. The Planning and Zoning Board shall not make a recommendation to the Board of Trustees to grant any amendment to the text unless, in each specific case, the Planning and Zoning Board has found that:
(1) The proposed amendment is in harmony with the general purposes and intent of this chapter; and
(2) The granting of the amendment will not be detrimental to the public welfare or injurious to other property or improvements in the village.
(Prior Code, § 20-1553)
(D) Application.
(1) Every application for an amendment to the text shall be filed on forms provided by the Planning and Zoning Administrator, who shall review said application and initiate a permanent record thereof.
(2) The Zoning Administrator shall promptly forward copies of the application form and all attachments and relative documentation to the Chairperson and members of the Planning and Zoning Board.
(Prior Code, § 20-1554)
(E) Hearing.
(1) The Planning and Zoning Board shall schedule and hold a public hearing within 60 days after the application for amendment to the map text is filed.
(2) 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 said hearing:
(a) By publication in a newspaper of general circulation within the village; and
(b) By first class mail to the applicant and the owners of those properties adjacent to the proposed amendment and rezoning.
(3) (a) Any interested party, at any such hearing, may appear and testify either in person or by a duly-authorized agent or attorney.
(b) Every applicant shall have the right to present witnesses on his, her or their behalf and to request that the Chairperson subpoena persons to appear.
(4) Any school district within which the property in question, or any part of the property in question, is located, shall have the right to appear and present evidence at such hearings.
(Prior Code, § 20-1555)
(F) Findings of fact, recommendation.
(1) The Planning and Zoning Board may recommend approval or denial of the proposed amendment to the text, upon the concurring vote of five members.
(2) The Planning and Zoning Board shall submit such recommendation, including the reason or reasons for the recommendation, in writing to the Board of Trustees within a reasonable time, but in no event shall that recommendation be submitted more than 30 days after the public hearing on the application for amendment.
(3) The recommendation so submitted, shall be accompanied by findings of fact, copies of which shall remain a part of the permanent record of the Planning and Zoning Board.
(Prior Code, § 20-1556)
(G) Action by the Board of Trustees.
(1) The Board of Trustees shall not act upon a proposed amendment to the text until it has received and reviewed a written recommendation and findings of fact from the Planning and Zoning Board.
(2) (a) The Board of Trustees may grant or deny any proposed amendment to the text for which an application has been submitted, and on which a public hearing has been held, regardless of the recommendation from the Planning and Zoning Board; provided, however, that, when a written protest against any proposed amendment to the text is filed with the Village Clerk, and signed and acknowledged 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, the amendment shall not be enacted, except by a favorable vote of two-thirds of the Board of Trustees.
(b) In such cases, a copy of the written protest shall be served by the protestor or protestors, on the applicant for the proposed amendment, and a copy upon the applicant’s attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.
(3) The Board of Trustees, having voted to grant any amendment, shall adopt said amendment in ordinance form, at its next regularly scheduled meeting.
(4) If an application for an amendment to the text is not acted upon finally by the Board of Trustees within 90 days of the date the Board of Trustees received the Planning and Zoning Board’s recommendation, and such time is not extended by mutual consent of the Board of Trustees and the applicant, the amendment shall be deemed to have been denied.
(Prior Code, § 20-1557)
(Ord. 1409, passed 4-18-2005; Ord. 1663, passed 10-1-2012; Ord. 1699, passed 3-17-2014)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-6