A. Initiation Of Amendment: Amendments may be proposed by any interested person, organization or village official.
B. Filing For Amendment:
1. Application: An application for an amendment shall be filed with the chairman of the planning and zoning commission on a form containing such information as the planning and zoning commission may from time to time by rule require. The application shall be accompanied by such plans or data, or both, as specified by the rules of the planning and zoning commission and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendment will conform to the standards set forth herein for amendments. Copies of such application and documents shall be forwarded to the planning and zoning commission to hold a public hearing.
2. Fee: A fee of one hundred fifty dollars ($150.00) shall be required for filing an application for an amendment. The petitioner is also responsible for all publishing costs, legal fees and other incidental costs to the village.
3. Notices: Notices of the public hearing shall be given as follows:
a. Actual: The applicant shall give the following notices:
(1) To the person to whom the current real estate tax bills are sent, as shown on the record of the local real estate tax collector and to all persons residing on or in possession of the premises whose names are listed on mailboxes, bells or signs on the said premises, of all lots lying within two hundred fifty feet (250') of the property lines of the lot for which the amendment is sought.
(2) All such notices shall be in writing and shall give the number, if any, assigned to the application, the place and purpose of such hearing and the date and time, if known, shall be given not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. The notices shall be delivered personally or may be sent properly addressed, with sufficient postage affixed thereon, with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the chairman, showing names and addresses of the persons to whom the notices have been sent. Said affidavit shall be a presumption of the giving of said notices.
b. Publication: The chairman of the planning and zoning commission shall cause a notice of time, place and purpose of such hearing to be published in a newspaper of general circulation within the village not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.
c. Hearing On Application: Upon receipt in proper form of the application and statement referred to above, the planning and zoning commission shall hold at least one public hearing on the proposed amendment. However, the planning and zoning commission may continue the hearing from time to time without further notices being given except by public announcement at the meeting and placed in the minutes of that meeting.
d. Findings Of Fact And Recommendation Of The Planning And Zoning Commission: Within forty five (45) days after the close of the hearing on a proposed amendment, the planning and zoning commission shall make written findings of fact and shall submit same, together with its recommendations to the village president and board of trustees. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(1) Existing uses of property within the general area of the property in question.
(2) The zoning classification of property within the general area of the property in question.
(3) The suitability of the property in question to the uses permitted under the existing zoning classification.
(4) 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.
e. Decisions And Recommendations By The Planning And Zoning Commission:
(1) The planning and zoning commission shall not recommend the adoption of a proposed amendment until after it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The planning and zoning commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any other zoning classification.
(2) A concurring vote of a majority of those members present at the meeting with a minimum of four (4) concurring votes shall be required to recommend granting or denying an application for an amendment.
(3) Report to the village board shall contain the number of planning and zoning commission members present and the number voting for and the number voting against the amendment.
f. Action By The Village President And Board Of Trustees:
(1) The village president and board of trustees upon receiving the recommendations of the planning and zoning commission may grant or deny any proposed amendment in accordance with applicable Illinois Compiled Statutes, or may refer it back to the planning and zoning commission for further consideration.
(2) If an application for a proposed amendment is not acted upon finally by the village president and board of trustees within six (6) months of the date upon which such recommendation of the planning and zoning commission is received by the village president and board of trustees, it shall be deemed to have been denied.
(3) In any case where an amendment has been granted covering a specific lot or lots and a building permit has not been applied for within six (6) months after the date of granting thereof, or use under the new amendment made on any of said lot or lots, then without further action by the planning and zoning commission and village president and board of trustees, such amendment shall automatically be null and void and of no further force or effect. (Ord. 2014-14, 5-19-2014)