This Article is intended to provide the process for amending this Ordinance as new circumstances or uses arise, areas change in character, or other conditions warrant a change to the text of this Ordinance or a change in the official Zoning Map.

An amendment to the text of this Ordinance or Zone District boundaries may be initiated by the Village Council, the Planning Commission, or an owner or person having a legal interest in property in the Village.

A.

An application shall be filed with the Village for any proposed amendment to this Ordinance. At a minimum, the following materials shall be provided.

B.

Applications shall be submitted on a form provided by the Village, completed in full and signed by the applicant, and shall include a detailed description of the proposed amendment and certify the accuracy of the information.

C.

For Zoning Ordinance text amendments, a copy of the existing language, the language of the proposed change(s), and the reason(s) for the requested change.

D.

For Zoning Map amendments:

1.

The current and requested Zone District.

2.

The following site and related information.

a.

Locations of vehicular access, including public and private roads, and private access easements;

b.

Distance to road centerlines and right-of-way widths of all abutting streets and alleys;

c.

Location of natural features such as existing drainage courses, wetlands, flood plains, streams, wood lot, and steep slopes;

d.

All existing easements or rights-of-way;

e.

Location, size, and/or capacity of all existing utility lines abutting or entering to service the site;

f.

A detailed statement of how the proposed amendment complies with the applicable review standards in Section 13.05;

g.

Any additional information required by the Village Manager or designee, Planning Commission or Village Council to assist in its review.

A.

Application Completeness. Upon acceptance of a complete application, the Village Manager or designee shall assign the application a public hearing date and time.

B.

Planning Commission Public Hearing. The Planning Commission shall hold a public hearing.

C.

Recommendation to Village Council. Following the public hearing, the Planning Commission shall make its recommendation to the Village Council, including a summary of the comments from the public and findings on the review standards used in making its recommendation.

A.

Text Amendment. For a change to the text of the Zoning Ordinance, the Planning Commission shall consider, and the Village Council may consider, whether the proposed amendment meets the following standards.

B.

Master Plan/Zoning Ordinance. The proposed amendment:

1.

Is consistent with the purpose and intent of the Master Plan and Zoning Ordinance, including those of the proposed Zone District.

2.

Will enhance the functionality or character of the future development in the Village.

3.

Environment. The proposed amendment will enhance the natural features and environmental integrity of the Village.

4.

Public Facilities. The proposed amendment will protect the health, safety, and general welfare of the public.

C.

Other. Whether the proposed amendment:

1.

Is needed to correct an error or omission in the original text; or

2.

Will address a community need in physical or economic conditions or development practices; or

3.

Would not result in the creation of significant nonconformities in the Village.

D.

Zone District (Zoning Map) Amendment. For a change to a new Zone District, the Planning Commission shall consider, and the Village Council may consider, the following standards.

1.

Master Plan/Zoning Ordinance. The proposed Zone District designation is consistent with purpose and intent of the Master Plan, including the Future Land Use Map.

2.

The proposed Zone District designation will further the themes and objectives of the Master Plan, as well as any relevant adopted plans of the Village.

3.

Any property to be rezoned can reasonably accommodate the requirements of the proposed Zone District.

4.

Neighborhood. The proposed new Zone District is compatible with the Zone District(s) in the neighborhood.

5.

Environment. The physical, geological, hydrological and other environmental features of the property to be rezoned are compatible with the full range of uses in the proposed Zone District.

6.

Public Facilities District. Adequate public facilities already exist or will be provided at no additional public cost, and will safeguard the health, safety, and general welfare of the public. The proposed Zone District will not be detrimental to the financial stability and economic welfare of the Village.

7.

Other. The proposed Zone District is consistent with the trend of development in the neighborhood. The property to be rezoned was improperly zoned or classified when this Ordinance was adopted or amended.

8.

The effects on the condition of any nearby parcels currently zoned in a Mixed-Use Commercial Zone District, especially considering existing vacancy rates, current per-square-foot lease or sale rates, and other conditions.

E.

Village Council Decision.

1.

Upon receipt of the recommendation of the Planning Commission, the Village Council may hold a public hearing in accordance with the Zoning Enabling Act prior to taking action on the proposed amendment.

2.

Following a public hearing, if held, at a date determined by the Village Council, the Commission shall approve, approve with modifications, or deny the proposed Zoning Ordinance amendment by a majority vote of its members. The Village Council shall state the reason(s) for its decision for the minutes.

3.

Effective Date. Upon adoption of a Zoning Ordinance amendment, notice of adoption shall be published in accordance with the requirements of the Zoning Act. The Zoning Ordinance amendment shall take effect thirty-one (31) days after the date the Village Council adopted the amendment, unless otherwise provided by the Village Council.

F.

Duration of Approval. All amendments to the Zoning Ordinance are final.

G.

Resubmission. Following the final action of a denial by the Village Council on a Zone District amendment, no further applications shall be considered for any part or all of the same property for at least one (1) year from the date of the Village Council's action, with the following exception.

1.

If a Zone District amendment was denied, the Village Council may reconsider the amendment if a Village Council member on the prevailing side makes a motion for reconsideration and it is passed at the meeting at which the denial decision was made. The vote on the reconsideration of the original action shall not be held later than the next regularly scheduled Village Council meeting.

2.

The time limit on reconsiderations may be waived by a majority vote of the Village Council when it is deemed necessary to facilitate the proper development of the Village, and when the Village Council finds that there has been a substantial change in circumstances since the original vote on the Zone District amendment.

A.

Planning Act. An amendment to the Master Plan shall be adopted by the Village Commission, following recommendation by the Planning Commission, following the procedural requirements of the Planning Enabling Act, PA 33 of 2008.

B.

Review Criteria. The following criteria shall be considered in the amendment of the Master Plan:

1.

Whether the proposed amendment corrects an error or is the result of changing conditions, trends, or facts since the Master Plan's adoption;

2.

Plan Elements. Whether the proposed amendment is consistent with the Guiding Principles, Themes, Development Characters, Area Specific Plans, Visions, and Recommendations of the Master Plan;

3.

Community Need. Whether, and the extent to which, the proposed amendment addresses a demonstrated community need that was otherwise not considered in the Plan;

4.

General Welfare. Whether the proposed amendment shall protect the health, safety and general welfare of the public;

5.

Mitigation of Adverse Effects. Whether the proposed amendment avoids adverse impacts on the natural and built environments, including air and water quality, noise, wildlife, vegetation, streets and other infrastructure priorities;

6.

Compatibility. Whether the proposed amendment would result in development that is compatible with existing and proposed uses surrounding the subject property, and the proposed design considerations and land uses are appropriate for the land and neighborhood; and

7.

Efficient and Orderly Development. Whether the proposed land use amendment helps ensure efficient, logical, and orderly development within the Village.