(A) General. The zoning districts established by this chapter, and depicted on the official zoning map of the village may be amended, or rezoned, 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, § 20-1558)
(B) Initiation. Amendments to the map may be proposed by the Board of Trustees, the Planning and Zoning Administrator, the Planning and Zoning Board and by any other person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for amendment to the map.
(Prior Code, § 20-1559)
(C) Standards for amendment to the map. The Planning and Zoning Board shall not make a recommendation to the Board of Trustees to grant any amendment to the map 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;
(2) The proposed amendment is in the public interest and is not solely for the interest of the applicant;
(3) The conditions upon which the application for an amendment is based are generally applicable to other property within the same zoning classification, and are not unique to a specific property; and
(4) 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, § 20-1560)
(D) Application.
(1) Every application for an amendment to the map shall be filed on forms provided by the Planning and Zoning Administrator, who shall review said application and initiate a permanent record thereof.
(2) In addition to the required application form, the Planning and Zoning Administrator shall require the applicant to submit the following: a site plan, drawn to scale, showing the actual ground area, height and bulk of all existing and proposed buildings and structures, the lot lines and dimensions, the location of building lines to lot lines, the location of any signs, easements, underground utilities, septic tanks, tile fields and water wells; the names and locations of adjoining streets; and the location of driveways and off-street parking areas in relation to those streets.
(3) The Planning and 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.
(4) The Planning and Zoning Administrator shall also file every application for amendment to the map with the County Soil and Water Conservation District, as per state law.
(Prior Code, § 20-1561)
(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 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, the owners of those properties adjacent to the proposed amendment and rezoning.
(3) Any interested party, at any such hearing, may appear and testify either in person or by a duly-authorized agent or attorney. 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, § 20-1562)
(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 referring to any exhibits containing plans and specifications for the proposed amendment, copies of which shall remain a part of the permanent record of the Planning and Zoning Board, and specifying the following:
(a) The existing uses of property within the general area of the property in question;
(b) The zoning classification of the property within the general area of the property in question;
(c) The suitability of the property in question for the uses permitted under the existing zoning classification;
(d) The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification; and
(e) The conformance or non-conformance of the proposed amendment with the standards for amendment listed under division (C) above, and the officially adopted plans of the village.
(4) The Planning and Zoning Board may also recommend the enactment of an amendment changing the zoning classification of the property in question to a classification other than that requested by the applicant within 90 days of the date the Board of Trustees received the Planning and Zoning Board 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, § 20-1563)
(G) Action by the Board of Trustees.
(1) The Board of Trustees shall not act upon a proposed amendment to the map 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 map 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 map 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 to the text shall be deemed to have been denied.
(Prior Code, § 20-1564)
(H) Effect of denial. No application for an amendment to the map which has been denied by the Board of Trustees shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof that conditions then exist which did not exist prior to the submission of the application and which are found to be valid by the Board of Trustees.
(Prior Code, § 20-1565)
(I) Duration of rezoning. In any case where the boundary lines of the official zoning map of the village have been amended, and no development has occurred on the property in the two years following enactment of the amending ordinance, the Planning and Zoning Board may hold a public hearing, after proper notice has been given, and recommend to the Board of Trustees that such zoning be affirmed, or repealed and rezoned to its most appropriate district classification.
(Prior Code, § 20-1566)
(Ord. 1699, passed 3-17-2014)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-6 and 70 ILCS 405/22.02(a)