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 Illinois statutes. An amendment shall be granted or denied by the corporate authorities only after a public hearing before the planning and zoning commission, and a report of its findings and recommendations has thereafter been submitted to the corporate authorities. (2005 Zoning Code)

   Amendments may be proposed by the corporate authorities, planning and zoning commission, Village staff, and by any person, firm or corporation 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 an amendment.

(2005 Zoning Code; amd. Ord. 24-03, 2-6-2024)

   A.   Filing Of Application: An application for an amendment shall be filed with the village clerk, and thereafter entered into the records of the first meeting thereafter of the corporate authorities.

   B.   Hearing And Notice Requirements:

      1.   A copy of such application shall thereafter be forwarded by the village clerk to the planning and zoning commission with a request to hold a public hearing and submit to the corporate authorities a report of its findings and recommendations.

      2.   Upon being advised of the date of hearing, the village clerk shall cause notice of the hearing to be published in a newspaper of general circulation in the village not less than fifteen (15) days nor more than thirty (30) days prior to said hearing.

      3.   The published report shall be supplemented by sending copies of the same to the property owners, as recorded in the office of the county recorder of deeds and as appears from the tax records of this county of all property within two hundred fifty feet (250') in each direction of the location for which the amendment is requested, and the number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in determining the two hundred fifty foot (250') requirement.

      4.   In case an amendment does not affect the zoning district boundaries but only changes the text of this title, unless such change directly affects any particular property, publication of the notice of the hearing as required in subsection B2 of this section shall suffice, and notification of individual property owners shall not be required.

      5.   The planning and zoning commission shall hold a hearing on such application for an amendment at such time and place as determined by the planning and zoning commission, and as advertised by the village clerk. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the planning and zoning commission, by rule, prescribes from time to time. Findings and recommendations of the planning and zoning commission shall be submitted to the corporate authorities not later than sixty (60) days following the public hearing. (2005 Zoning Code)

   A.   Rendering Of Decision: The corporate authorities, upon report of the planning and zoning commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable Illinois statutes, or may refer it back to the planning and zoning commission for further consideration.

   B.   Written Protest By Property Owners: In the event a written protest against the proposed amendment signed and acknowledged by the 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 an alley therefrom, or by owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, an amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all the village trustees elected. (2005 Zoning Code)

The wisdom of amending the zoning map or the text of this title is a matter committed to the legislative discretion of the corporate authorities and is not dictated by any set standards. However, in determining whether a proposed amendment should be granted or denied, the corporate authorities should be guided by the principle that its power to amend this title is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the corporate authorities should weigh the following factors:

   A.   Existing uses and zoning classifications of properties in the vicinity of the subject property;

   B.   Trend of development in the vicinity of the subject property;

   C.   Extent to which the value of the subject property is diminished by the existing comprehensive plan designation or zoning classification;

   D.   Extent to which such diminution in value is offset by an increase in the public health, safety, and welfare;

   E.   Extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment;

   F.   Extent, if any, to which the value of adjacent properties would be affected by the proposed amendment;

   G.   Extent, if any, to which future orderly development and redevelopment of adjacent properties would be affected by the proposed amendment;

   H.   Suitability of the subject property for uses permitted or permissible under its present comprehensive plan designation or zoning classification;

   I.   Availability of adequate ingress and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment;

   J.   Availability of adequate public utilities and essential public services to the subject property to accommodate the uses permitted or permissible under the present comprehensive plan designation or zoning classification;

   K.   Length of time that the subject property has been vacant or underutilized, in consideration of the context of the pace of development and redevelopment in the vicinity of the subject property; and

   L.   Community's need for the proposed map amendment and for the uses and development that it would allow. (2005 Zoning Code)