Itasca City Zoning Code
§ 14.10
AMENDMENTS.
(See Section 4.04.5.)
1. Authority. For the purpose of promoting the public health, safety, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the Village Board of Trustees may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Ordinance or amend district boundary lines provided that in all amendatory Ordinances adopted under the authority of this Section; due allowance shall be made for existing conditions; the conservation of property values, the Official Comprehensive Plan, adopted on October 18, 1977 and as amended; the direction of building development to the best advantage of the entire community, and the uses of which property is devoted at the same time of the adoption of such amendatory ordinance.
An amendment shall be granted or denied by the Village Board of Trustees only after a public hearing before the Plan Commission and a report of its findings and recommendations has been submitted to the Village Board of Trustees.
2. Initiation of Amendment. Amendments may be proposed by the Village Board, by the Plan Commission, the Zoning Board of Appeals, other governmental bodies, or by any owner of the property to be redistricted within the jurisdictional limits of this Ordinance.
3. Application and Processing. An application for an amendment, in quadruplicate, with the required fee, shall be filed with the Village Clerk and thereafter introduced into the Village Board by the Village Clerk to the Plan Commission with a request for a Public Hearing.
Within thirty (30) days after final adjournment of the hearing, the Plan Commission shall submit a report and recommendations of their finding to the President and Board of Trustees. The Village Clerk shall transmit the recommendations of the Plan Commission to the Zoning Board of Appeals, the Village Board, and the Zoning Administrator. The application shall include at a minimum:
a. legal description and common address of subject property;
b. current plat of survey locating lot lines and all existing structures;
c. existing zoning of subject property and all property within one hundred (100) feet;
d. proposed zoning and land use;
e. ownership or disclosure of beneficial interest; and
f. other information as may be required by the Plan Commission to make a recommendation on the request.
4. Hearing. Within sixty (60) days of receipt by the Village Clerk of all required application information and payment of any required fees, the Plan Commission shall hold a public hearing on such application at a time and place as shall be established by legal notice of hearing by the Chairperson. The hearing shall be conducted and a transcript of the proceedings shall be preserved in accordance with rules prescribed by the Plan Commission.
5. Notice of Hearing. Notice of the time and place of the hearing shall be published at least once in a local newspaper not more than thirty (30) days, nor less than fifteen (15) days prior to such hearing. The applicant shall mail notice to all owners of property located within two hundred fifty (250) feet, exclusive of public right-of-way from the boundaries of the subject property, by certified mail, return receipt requested; evidence of mailing such notices shall be made by the petitioner submitting a certificate listing the names and addresses of all owners of property within said two hundred fifty (250) feet hereof to said owners. Such notices shall be mailed at least fifteen (15) days prior to the public hearing date. Proof of mailing shall be submitted to the Village Clerk not less than seven (7) days prior to the scheduled hearing date. If the foregoing requirements providing for mailed notice of hearing and publication are not complied within the time frame set forth, the public hearing shall be canceled and the applicant shall be required to pay an additional filing fee if the hearing is to be rescheduled.
Additionally, any area for which an individual application for a change in zoning classification is being considered shall be posted for at least fifteen (15) days prior to the public hearing. The posted notice shall be a minimum of eight (8) square feet in area, prominently situated on the property so as to be visible from the nearest street or public way, or as otherwise prescribed by the Zoning Administrator and shall indicate the present zoning classification, the proposed zoning classification, the time and place of public hearing, and any other information prescribed by the Zoning Administrator. Posted notices shall be removed from the subject area within fifteen (15) days after the public hearing has been held.
6. Findings of Fact and Recommendation. The Plan Commission shall make written findings of fact and shall submit same together with its recommendation to the Village Board within sixty (60) days following the date of concluding the public hearing on each application, unless said application is withdrawn or tabled by the petitioner. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following:
a. compatibility with surrounding land uses and the general area;
b. the zoning classification of property within the general area of the property in question;
c. the suitability of the subject property to the uses permitted under the existing zoning classification;
d. the trend of development, if any, in the general area of the subject property including recent changes, if any, which have taken place in its zoning classification; and
e. the relationship of the existing zoning classification to the Official Comprehensive Plan of Itasca, adopted October 18, 1977 and as amended. The Plan Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant; and that either the proposed amendment will correct an existing error or that changing conditions make the proposed amendment necessary.
7. Action by the Village Board.
a. The Village Board shall not act upon a proposed amendment to this Ordinance until it shall have received a written report and recommendation from the Plan Commission on the proposed amendment.
b. The Village Board may grant or deny any application for an amendment, provided, however, that, in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley therefrom; or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered, is filed with the Clerk of the Village, or if the Plan Commission has recommended against such amendment, the amendment shall not be passed, except by a favorable vote of two-thirds (2/3) of all members of the Board of Trustees of the Village of Itasca, then holding office. In such cases, 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.
c. If an application or a proposed amendment is not acted upon finally by the Village Board within (90) days of the date the Board receives the Plan Commission's recommendations, and such time is not extended by mutual consent of the Village Board and petitioner, it shall be deemed to have been denied.
8. Conditions of Amendments. The Plan Commission may recommend and the President and Board of Trustees may approve variations of provisions of this Ordinance, but not limited to, provisions for off-street parking and loading, landscaping, screening and yard requirements, as may be deemed necessary to promote the general objectives of this Ordinance and to minimize any potential injury to the value or use of property in the neighborhood.
9. Effect of Denial of Amendment. No application for a map amendment which has been denied by the Village Board shall be resubmitted for a period of one (1) year from the date of the order of denial except on the grounds of new evidence or proof of change of condition(s) found to be valid by the Plan Commission and the Village Board.
10. Repeal of Amendment. In any case where a change of boundary lines of the zoning district map has been granted, and where no development has taken place within two (2) years, the Plan Commission may recommend to the Village Board that such zoning be affirmed or repealed and rezoned to its most appropriate district classification in accordance with the procedures under this Ordinance for amendments.
(Ord. 963-97, passed 4-08-97)