72 AMENDMENTS
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 may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Title or amend district boundary lines; provided, that in all amendatory ordinances adopted under the authority of this Chapter, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.
The Planning and Zoning Commission shall, following a properly noticed public hearing on any proposed amendment, make written findings of fact and shall submit same together with its recommendations to the Village Board. Amendments to either the text of this Title, or to district boundary lines are matters of legislative discretion that are not controlled by any one standard. However, in making their findings and recommendation, the Planning and Zoning Commission shall evaluate the proposed amendment based on a balance of the following standards, as applicable:
A. The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public;
B. The proposed amendment is compatible with the existing uses, character, and zoning of adjacent properties and other property within the immediate vicinity of the proposed amendment;
C. The proposed amendment provides a relative gain to the public, as compared to any hardship imposed upon an individual property owner;
D. The proposed amendment makes it more feasible to develop property relative to the present zoning classification of the property;
E. The proposed amendment facilitates the development of property, including vacant property, in contrast to the development of other property in the vicinity;
F. The proposed amendment addresses the community need for a specific use;
G. The proposed amendment corrects an error, adds clarification, or reflects a change in policy;
H. The proposed amendment rectifies existing nonconformities and, if so, the extent of such nonconformities; and
I. The proposed amendment is consistent with the intent of the Comprehensive Plan, this Zoning Code, and the other land use policies of the Village.
The Planning and Zoning 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 changing conditions make the proposed amendment necessary. The Planning and Zoning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this subsection, the E-R Estate Residential district, shall be the highest classification and the I-2 General Industrial district shall be considered the lowest classification.
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 found to be valid by the Planning and Zoning Commission and the Village Board.
In any case where a change of boundary lines of the zoning district map has been created, and where no development has taken place within one and one-half years, the Planning and Zoning Commission may hold a public hearing after notice of public hearing has been given, and recommend to the Village Board that such zoning be affirmed or repealed and rezoned to its most appropriate district classification.
72 AMENDMENTS
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 may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Title or amend district boundary lines; provided, that in all amendatory ordinances adopted under the authority of this Chapter, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.
The Planning and Zoning Commission shall, following a properly noticed public hearing on any proposed amendment, make written findings of fact and shall submit same together with its recommendations to the Village Board. Amendments to either the text of this Title, or to district boundary lines are matters of legislative discretion that are not controlled by any one standard. However, in making their findings and recommendation, the Planning and Zoning Commission shall evaluate the proposed amendment based on a balance of the following standards, as applicable:
A. The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public;
B. The proposed amendment is compatible with the existing uses, character, and zoning of adjacent properties and other property within the immediate vicinity of the proposed amendment;
C. The proposed amendment provides a relative gain to the public, as compared to any hardship imposed upon an individual property owner;
D. The proposed amendment makes it more feasible to develop property relative to the present zoning classification of the property;
E. The proposed amendment facilitates the development of property, including vacant property, in contrast to the development of other property in the vicinity;
F. The proposed amendment addresses the community need for a specific use;
G. The proposed amendment corrects an error, adds clarification, or reflects a change in policy;
H. The proposed amendment rectifies existing nonconformities and, if so, the extent of such nonconformities; and
I. The proposed amendment is consistent with the intent of the Comprehensive Plan, this Zoning Code, and the other land use policies of the Village.
The Planning and Zoning 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 changing conditions make the proposed amendment necessary. The Planning and Zoning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this subsection, the E-R Estate Residential district, shall be the highest classification and the I-2 General Industrial district shall be considered the lowest classification.
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 found to be valid by the Planning and Zoning Commission and the Village Board.
In any case where a change of boundary lines of the zoning district map has been created, and where no development has taken place within one and one-half years, the Planning and Zoning Commission may hold a public hearing after notice of public hearing has been given, and recommend to the Village Board that such zoning be affirmed or repealed and rezoned to its most appropriate district classification.