(A) Authority to file. Amendments to the zoning map may be initiated only by the County Board, the Planning and Zoning Commission or by any other person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed zoning map amendment. Rezoning petitions may be filed by the property owner (described above) or by the owner's authorized agent.
(B) Application filing. Complete applications for zoning map amendments must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.
(C) Notice to Soil and Water Conservation District. Applicants requesting a proposed zoning map amendment must furnish a copy of the application to the Will/South Cook Soil and Water Conservation District. No hearing may proceed on the zoning map amendment until the Soil and Water Conservation District has submitted a written opinion on the application to the Planning and Zoning Commission or until at least 30 days have passed from the date of receipt of the application by the Soil and Water Conservation District, whichever occurs first.
(D) Review and report—Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed zoning map amendment in light of the review criteria of division (G) of this section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed rezoning.
(E) Notice of hearing.
(1) Newspaper notice. Notice of the Planning and Zoning Commission's required public hearing on a zoning map amendment must be published in the newspaper in accordance with § 155-16.10(D)(3).
(2) Delivered notice. Notice of the Planning and Zoning Commission's required public hearing on a zoning map amendment must be delivered to the subject property owner and all owners of property abutting the subject parcel, in accordance with § 155-16.10(D)(3). Notice must also be delivered to the clerk of each municipality whose corporate limits are within one and one-half miles of the land proposed to be rezoned.
(3) Posted notice. Notice of the Planning and Zoning Commission's required public hearing on a zoning map amendment must be posted on the subject property in accordance with § 155-16.10(D)(3).
(F) Hearing and recommendation—Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed zoning map amendment. Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed map amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the County Board.
(G) Review criteria. The Planning and Zoning Commission may not recommend approval of a zoning map amendment unless it finds that the proposed amendment is in the public interest and is not solely for the interest of the applicant. The Planning and Zoning Commission must make findings based on the evidence presented to it in each specific case with respect to the following matters:
(1) Existing uses of property within the general vicinity of the subject property.
(2) The zoning classification of property within the general vicinity of the subject property.
(3) The suitability of the subject property for the uses allowed under the existing zoning classification.
(4) The trend of development, if any, in the general vicinity of the subject property, including changes, if any, that may have taken place since the time the subject property was placed in its present zoning classification.
(5) Consistency (or inconsistency) with officially adopted plans of the county.
(6) The Land Evaluation and Site Assessment (LESA) findings, computed by the USDA Natural Resources Conservation Service and the land use department, based on soil conditions, soil groupings, existing and proposed land use, surrounding zoning, availability of urban services, compatibility and impact of the proposed use, and consistency with adopted county and municipal plans.
(H) Final action—County Board.
(1) Upon receipt of the Planning and Zoning Commission's findings and recommendation, the County Board may act to approve the proposed zoning map amendment, approve the proposed zoning map amendment with modifications (e.g., reducing the land area or recommending another zoning classification) or deny the proposed zoning map amendment. The County Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so.
(2) Zoning map amendments may be approved by a simple majority vote of the entire County Board, except that in the following cases approval of a zoning map amendment requires at least a three-fourths majority vote of the entire County Board:
(a) If a written protest petition (see also division (I) of this section) against the proposed zoning map amendment is signed and acknowledged by:
1. The owners of 20% or more of the land area proposed to be rezoned; or
2. The owners of land immediately touching or immediately across a street, alley, or public right-of-way from at least 20% of the perimeter of the land proposed to be rezoned.
(b) If the land that is the subject of the zoning map amendment lies within one and one-half miles of the limits of a zoned municipality and an objection to the zoning map amendment is passed by the governing body of the zoned municipality and filed in writing with the County Clerk prior to the County Board meeting at which action is taken on the proposed amendment.
(3) If no action is taken by the County Board within six months after receipt of the report of the Planning and Zoning Commission, the application is deemed to have been denied.
(4) Notwithstanding any other provisions to the contrary, if a zoning map amendment is proposed solely to correct an error made by the county as a result of a comprehensive rezoning, the map amendments may be passed at a County Board meeting by a simple majority of the entire County Board.
(I) Protest petitions.
(1) A written protest petition opposing a zoning map amendment must be submitted to the County Clerk or on the public record before the County Board's vote, allowing sufficient time for the County Clerk to determine the validity of the petition.
(2) When a written protest petition has been submitted, the protest must be served by the protestors upon the applicant and upon the applicant's attorney, if any, by certified mail at the applicant's and attorney's addresses shown on the application.
(J) Successive applications. In the event that a rezoning application is denied, no application may be accepted that proposes reclassification of any of the same property for the same zoning district for 12 months from the date of the previous Planning and Zoning Commission public hearing.
(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)