A. Application: This section shall apply to any rezoning of property, which is referred to as a "zoning map amendment", located within the jurisdiction of the village.
B. Authority: The zoning districts created under the authority of this title may be amended or rezoned by ordinance in accordance with applicable state statutes and the requirements of this section.
C. Requirements: A zoning map amendment shall be approved or denied by the village board of trustees by ordinance only after a public hearing, with notice of the hearing being posted and published not less than fifteen (15) nor more than thirty (30) days prior to the hearing and as is required by law, is held by the zoning board of appeals, and a report of its findings and recommendations has been submitted to the village board of trustees.
D. Initiation Of Amendment: Amendments to the zoning districts created hereby, which are also referred to as a "rezoning", may be proposed by:
1. The board of trustees by submitting the proposed amendments to the zoning board of appeals for review at a public hearing;
2. A designee authorized by the board of trustees by submitting the proposed amendments to the zoning board of appeals for review at a public hearing; or
3. A property owner of property located within the village by filing a completed zoning amendment application with the zoning administrator, or in the event that office is vacant, with the office of the village clerk, with payment of the appropriate applicable fees. See section
11-5-8 of this chapter for the fees required. Upon receipt of a properly completed zoning amendment application and required fees for a zoning map amendment, the village clerk or his designee shall forward the application to the zoning administrator, or in event that office is vacant, then the zoning and administrative review committee of the village for review and recommendation prior to a public hearing being held on the zoning map amendment request. The information required in the zoning amendment application is considered the minimum required information, and the appropriate administrating committee may hereby request additional relevant information that may aid in determining a zoning amendment request.
1. Standards Of Review: When reviewing a proposed zoning map amendment, each of the reviewing officials or boards, as stated herein, shall apply the evidence and information presented to each of the standards hereinafter set forth and make a determination as to whether each of the following standards is met:
a. The suitability of the subject property for uses authorized by the existing zoning.
b. The length of time the property has remained vacant as zoned considered in the context of land development in the area.
c. The suitability of the subject property for uses authorized by the proposed zoning.
d. Compatibility with the existing land uses of nearby property.
e. Compatibility with existing zoning districts of nearby property.
f. 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.
g. Relative gain or hardship to the public as contrasted and compared to the hardship or gain of the individual property owner resulting from the approval or denial of the proposed zoning map amendment.
h. The adoption of such amendment is in the public interest and is not solely for the interest of the applicant.
2. Administrating Official Review: Upon receipt of a proper request for a zoning map amendment, the appropriate administrating official shall review the zoning amendment application and any additional relevant information relating to the specific request within fourteen (14) calendar days from which the request was properly submitted. When reviewing the request and in making its recommendation, the appropriate administrating official shall apply the standards of review set forth herein to the zoning map amendment request. After a determination of each standard of review has been made, the appropriate administrating official shall submit his recommendation, in writing, to the zoning board of appeals.
3. Zoning Board Of Appeals Review; Public Hearing, Notice And Findings Of Fact: After a recommendation is submitted, in writing, by the appropriate administrating official to the chair of the zoning board of appeals, the chair of the zoning board of appeals shall cause a public hearing to be held and shall provide notice of the hearing as is required by law which shall be published not less than fifteen (15) nor more than thirty (30) days from the date of the hearing on the request for the zoning map amendment. At the public hearing, the zoning board of appeals shall consider the recommendation of the appropriate administrating official, review the information provided with the application for the zoning map amendment, and hear evidence presented by the applicant. At the close of the hearing, the zoning board of appeals shall apply the information and evidence provided to each standard of review stated herein and shall state aloud to the public and state in writing, in a document known as the "findings of fact", whether each of the standards of review stated herein has been met. If each standard is met, the zoning board of appeals shall recommend the approval of the zoning map amendment request. If each standard is not met, the zoning board of appeals shall recommend denial of the zoning map amendment request. The chair of the zoning board of appeals shall then submit the findings of fact to the board of trustees within five (5) days of the close of the public hearing(s) on the zoning map amendment request.
4. Board Of Trustees Review: The board of trustees, after receipt of the findings of fact from the zoning board of appeals, and without further public hearing, shall approve or deny the proposed zoning map amendment by ordinance. When deciding upon the ordinance, the board of trustees shall consider, if applicable, the recommendation of the appropriate administrating official, the findings of fact of the zoning board of appeals and whether each standard of review has been met.
F. Protest Of Amendment: If there is a written protest against any proposed zoning map amendment filed with the village clerk, and which is 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 directly opposite of the frontage to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, the zoning map amendment cannot be passed except on the favorable vote of two-thirds (2/3) of the board of trustees.
G. Renewal Of Rejected Amendment: No request for a zoning map amendment which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of error in the original proceedings or change of conditions, in either case, found to be valid by the board of trustees. (Ord. 2009-36, 4-6-2009; amd. 2011 Code; Ord. 2020-26, 5-7-2020)