A. Authority: The regulations imposed and the districts created under the authority of this title may be amended from time to time by ordinance in accordance with applicable statutes of the state. An amendment shall be granted or denied by the village board only after a public hearing before the plan commission and a report of its findings and recommendations has been submitted to the village board.
B. Initiation Of Amendment: Amendments may be proposed by the village board, by the plan commission or by any resident of or owner of property in the village.
C. Processing: An application for an amendment shall be filed with the village clerk and thereafter introduced into the village board. Such application shall be forwarded from the village board by the village clerk to the plan commission with a request to hold a public hearing in accordance with state statutes, and shall thereafter submit a report of its findings and recommendations to the village board. The village clerk shall also forward a copy of every application for an amendment within a historic district to the historic sites commission for review and recommendation to the plan commission and to the village board. (Ord. 89-13, 5-16-1989)
The applicant for an amendment shall serve notice by certified mail of his request for a zoning map amendment, which notice shall include the date and time of a scheduled hearing, on all owners of record within two hundred fifty feet (250') of the subject property as measured from the lot line of such property. An affidavit with respect to such mailing of notice must be filed with the village clerk prior to any public hearing on such request unless notice is excused or waived as provided below. A sign provided by the building and zoning department shall be posted by the applicant indicating that a request for a zoning map amendment is pending. Such sign shall be posted continuously on all property lot lines fronting a public or private roadway for fifteen (15) days prior to the scheduled hearing and for at least fifteen (15) days thereafter or until a final decision by the corporate authorities, whichever is longer.
If the applicant for a zoning map amendment is not the owner of record or party in interest of the property sought to be rezoned, notice of the application shall also be served by certified mail on the owner of record of all parcels included within the proposed map amendment.
If the plan commission finds that the interest of any objectors are adequately represented at the public hearing, or if the map amendment is initiated by the corporate authorities of the village in order to conform the zoning district to existing residential uses, the corporate authorities may waive the provisions of this section requiring notice to owners of record within two hundred fifty feet (250') of the subject property and may waive the posting of a sign. Posting of a sign shall not be required in the event the applicant does not have a right of access to the property proposed to be rezoned.
Failure to serve notice by certified mail on adjoining property owners or to post a sign on the property lot lines as provided in this subsection C shall not deprive the plan commission or the corporate authorities of jurisdiction to consider and approve any request for zoning map amendment, provided that all other provisions of this section and the Illinois municipal code, as amended, relating to zoning amendments are satisfied. (Ord. 89-13, 5-16-1989; amd. Ord. 95-08, 6-6-1995)
D. Decisions; Amendments:
1. Upon report of the plan commission and without further public hearing, the village board may grant or deny any proposed amendment in accordance with applicable statutes of the state, or may refer it back to the plan commission for further consideration.
2. In case a written protest against any proposed amendment signed and acknowledged by owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage to be altered, is filed with the village clerk, the amendment cannot be passed except on the favorable vote of two-thirds (2/3) of the corporate authorities. (Ord. 89-13, 5-16-1989)