The Village Board of Trustees may amend this Chapter in accordance with state law and the provisions of this subchapter. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the Board of Trustees, the Zoning Administrator, the Combined Planning and Zoning Board, or any party in interest.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-14)

Every proposal to amend this Chapter shall be filed with the Zoning Administrator on a prescribed form. Every amendment proposal shall also be filed with the Soil and Water Conservation District as per state law. The Zoning Administrator shall promptly transmit said proposal, together with any comments or recommendations they might wish to make to the Combined Planning and Zoning Board for a public hearing.

(Ord. No. 1712, § 2, 2-16-21)

(A)

The Combined Planning and Zoning Board shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.

(B)

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 the hearing:

(1)

By publication in a newspaper of general circulation within the Village; and

(2)

When the amendment involves a rezoning, not a text amendment, by first-class mail to all parties whose property is within 250 feet of the property for which rezoning is requested.

(Ord. No. 1712, § 2, 2-16-21)

Within a reasonable time after the public hearing, the Combined Planning and Zoning Board shall submit their advisory report to the Board of Trustees. The report shall state the recommendations of the Combined Planning and Zoning Board regarding adoption of the proposed amendment and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the Combined Planning and Zoning Board shall include in their advisory report findings of fact concerning each of the following matters:

(A)

Existing use and zoning of the property in question;

(B)

Existing uses and zoning of other lots in the vicinity of the property in question;

(C)

Suitability of the property in question for uses already permitted under existing regulations;

(D)

Suitability of the property in question for the proposed use;

(E)

The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned.

(Ord. No. 1712, § 2, 2-16-21)

The Board of Trustees shall act on every proposed amendment at their next regularly scheduled meeting following submission of the advisory report of the Combined Planning and Zoning Board. Without further public hearing, the Village Board may approve or disapprove any proposed amendment or may refer it back to the Combined Planning and Zoning Board for further consideration by simple majority vote of all the members then holding office.

(Ord. No. 1712, § 2, 2-16-21)

The favorable vote of at least two-thirds of the members of the Village Board of Trustees is required to pass an amendment to this Chapter in each of the following instances:

(A)

When passage would be contrary to the recommendations of the Combined Planning and Zoning Board.

(B)

When the amendment is opposed, in writing, by the owners of 20 percent of the frontage proposed to be altered, by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-14)

In cases of written opposition to an amendment of this Chapter as prescribed in Section 40-23-6, 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.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-14)