A.   Authority: This zoning code and the zoning map may be amended from time to time by ordinance duly enacted by the board of trustees in accordance with the procedures set out in this chapter.

   B.   Purpose: The amendment process established by the chapter is intended to provide a means for making changes in the text of this zoning code and in the zoning map that have more or less general significance or application. It is not intended to relieve particular hardships nor to confer special privileges or rights. Rather, it is intended as a tool to adjust the provisions of this zoning code and the zoning map in light of changing or newly discovered conditions, situations, or knowledge, or conditions, situations or knowledge with heightened significance or elevated relevance.

   C.   Parties Entitled To Seek Amendments: An application for an amendment may be filed by the board of trustees, the plan commission, the zoning board of appeals, the owner of, or any person having a contractual interest in, any property to be affected by a proposed amendment to the zoning map, or any person interested in a proposed amendment to the text of this zoning code. (Ord. 2013-12-944, 1-6-2014)

   A.   Application: Applications for amendments shall be filed in accordance with the requirements of section 9-14-1 of this title; provided, however, that amendments proposed by the board of trustees, the plan commission, or the zoning board of appeals shall not be subject to said section 9-14-1 of this title but shall be transmitted to the village manager in such form as may seem appropriate to the initiating body.

   B.   Preliminary Consideration By Board Of Trustees:

      1.   Referral To Board: Every properly filed and completed application for an amendment to this zoning code, before being processed in any other manner, may be referred to the board of trustees for a determination as to whether the application merits a hearing and consideration by the plan commission. Request for preliminary consideration by the board of trustees may be requested by the village board, applicant/property owner of the concerned project, or the village manager or his designee.

      2.   Notice Of Applicant; Right To Be Heard: Notice of the meeting at which the issue will be considered shall be given to the applicant at least forty eight (48) hours before such meeting and the applicant or his representative shall have, subject to the rules of the board of trustees, the right to be heard on the issue. Notice may be made telephonically or by electronic means including, but not limited to, fax, e-mail or text message.

      3.   Action By Board: The board of trustees, not later than the first meeting after the meeting at which consideration of the application first appears on its agenda, shall refer it to the plan commission for public hearing. Any vote, or the failure to vote on the application, shall be sufficient to refer the application for a hearing. In the case of any such referral, the date of the meeting at which the application is referred shall be deemed to be the date of filing for computation of all time periods under this zoning code. (Ord. 2016-9-150, 9-6-2016)

   C.   Public Hearing: In any case where an application for amendment is referred to the plan commission for hearing, a public hearing shall be set, noticed, and conducted by the plan commission in accordance with section 9-14-3 of this title.

   D.   Action By Plan Commission: Within forty five (45) days after the conclusion of the public hearing, the plan commission shall transmit to the board of trustees its recommendation in the form specified by subsection 9-12-3H of this title. The failure of the plan commission to act within such forty five (45) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the proposed amendment as submitted.

   E.   Action By Board Of Trustees; Protest: Within sixty (60) days after receipt of the recommendation of the plan commission, or its failure to act as above provided, the board of trustees either shall deny the application, or by ordinance duly adopted, shall adopt the proposed amendment, with or without modifications; provided, however, that in the event a duly signed and acknowledged protest against a proposed amendment is filed with the village clerk before the adoption of such amendment by the owners of: 1) twenty percent (20%) or more of the frontage to be affected by the proposed amendment, 2) twenty percent (20%) or more of the frontage immediately adjoining or across an alley therefrom, 3) twenty percent (20%) or more of the frontage directly opposite the frontage to be affected, or 4) twenty percent (20%) or more of any combination of items 1, 2 and 3 of this subsection, such amendment shall not be passed except by a two-thirds (2/3) vote of all the trustees then holding office.

The failure of the board of trustees to act within such sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the application. (Ord. 2013-12-944, 1-6-2014)

Amending the zoning map or the text of this zoning code is a matter committed to the sound legislative discretion of the board of trustees and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied, the board of trustees shall act in what it reasonably believes to be in the best interest of the general public, and may consider, among other factors, the following factors as they may be relevant to a particular application:

   A.   The consistency of the proposed amendment with the purposes of this zoning code.

   B.   The community need for the proposed amendment and for the uses and development it would allow.

   C.   If a specific parcel of property is the subject of the proposed amendment, then the following factors:

      1.   Existing Uses And Classifications: The existing uses and zoning classifications for properties in the immediate vicinity of the subject property.

      2.   Trend Of Development: The trend of development in the immediate vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its present zoning classification.

      3.   Diminution Of Values: The extent to which the value of the subject property is diminished by the existing zoning classification applicable to it.

      4.   Increase In Health, Safety, And Welfare: The extent, to which any such diminution in value is offset by an increase in the public health, safety, and welfare.

      5.   Effects On Adjacent Properties: The extent to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.

      6.   Value Of Adjacent Properties: The extent to which the value of adjacent properties would be affected by the proposed amendment.

      7.   Future Development: The extent to which the future orderly development of adjacent properties would be affected by the proposed amendment.

      8.   Suitability Of Text Amendment: The suitability of the proposed text amendment for the zoning district in which the amendment is being proposed.

      9.   Ingress And Egress: The availability, where relevant, of adequate ingress to 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.

      10.   Utilities And Services: The availability, where relevant, of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present zoning classification.

      11.   Length Of Vacancy: The length of time that the subject property has been vacant, considered in the context of the pace of development in the vicinity of the subject property.

      12.   Positive Effect: The proposed amendment creating a positive effect for the zoning district, its purposes, and adjacent properties shall be placed before the benefits of the petitioner. (Ord. 2013-12-944, 1-6-2014)