Schiller Park City Zoning Code
ARTICLE VIII
AMENDMENTS
§ 155.801 AUTHORITY; DECLARATION OF PUBLIC POLICY.
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 President and Board of Trustees may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Chapter or amend district boundary lines, provided that in all amendatory ordinances adopted under the authority of this Article, 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.
(Ord. 05-2539, passed 10-11-05)
§ 155.802 INITIATION OF AMENDMENT.
Amendments may be proposed by the Village Board or by the Village Manager/Comptroller or by the owner of the property in question or by the contract purchaser of the property in question, provided the owner of the property consents to such amendment.
(Ord. 05-2539, passed 10-11-05)
§ 155.803 APPLICATION FOR AMENDMENT.
An application for an amendment shall be filed with the Zoning Administrator at least 45 days before a regularly scheduled meeting of the Zoning, Planning and Appeals Commission on a form provided by the Zoning Administrator. The application shall be accompanied by such information described by the Zoning, Planning and Appeals Commission. The Zoning Administrator shall examine the application for compliance with all applicable ordinances and shall forward copies of such application to the Zoning, Planning and Appeals Commission with a request to hold a public hearing thereon .
(Ord. 05-2539, passed 10-11-05)
§ 155.804 HEARING ON PETITION.
Following receipt by the Zoning Administrator of any application for rezoning, the Zoning, Planning and Appeals Commission shall hold a public hearing on such application at a time and place as shall be established by the chairman and set forth in the published notice of hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in accordance with rules prescribed by the Zoning, Planning and Appeals Commission.
(Ord. 05-2539, passed 10-11-05)
§ 155.805 NOTICE OF HEARING.
Notice of the time and place of such public hearing shall be published at least once in the newspaper and also by mailing notice thereof to the parties in interest, said publication and mailing to be made not more than 30 nor less then 15 days before the date of the hearing. If the proposed amendment concerns a text amendment only or is initiated by the Village Board or by the Village Manager/Comptroller for a comprehensive amendment to the zoning map, newspaper notice of a general nature shall be the only notice that is required.
(Ord. 05-2539, passed 10-11-05)
§ 155.806 FINDINGS OF FACT AND RECOMMENDATION.
(A) The Zoning, Planning and Appeals Commission shall make written findings of fact and shall submit same together with its recommendations to the Board of Trustees. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Board shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(1) Existing use of property within the general area of the property in question;
(2) The extent to which property values are diminished by the existing zoning classification;
(3) The extent to which the existing zoning classification and/or proposed zoning promotes the general health, safety, and welfare of the citizenry of the Village;
(4) The relative gain to the public as compared to the hardship imposed upon the applicant;
(5) The suitability of the particular property for the purposes for which it is presently zoned;
(6) The length of time that the property has been vacant, as presently zoned, considered in the context of the land development in the area in which the property is located; and
(7) The compatibility of the proposed zoning with the comprehensive plan of the Village.
(B) The Zoning, Planning and Appeals 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 Zoning, Planning and Appeals 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 division, the R-1 Single-Family District shall be considered the highest classification and the I-2 General Industrial District shall be considered the lowest classification.
(Ord. 05-2539, passed 10-11-05)
§ 155.807 ACTION BY THE VILLAGE BOARD.
The Village Board shall not act upon a proposed amendment to this Chapter until it shall have received a written report and recommendation from the Zoning, Planning and Appeals Commission on the proposed amendment.
(A) The Village Board may grant or deny any application for an amendment.
(B) If an application for a proposed amendment is not acted upon finally by the Village Board within 90 days of the date the Board receives the report and recommendation of the Zoning, Planning and Appeals Commission, and such time is not extended by mutual consent to the Village Board and applicant, the request shall be deemed to have been denied.
(Ord. 05-2539, passed 10-11-05)
§ 155.808 EFFECT OF DENIAL OF AMENDMENT.
No application for a map amendment which has been denied by the Village President and Board of Trustees shall be resubmitted for a period of one 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 Zoning, Planning and Appeals Commission and the Village President and Board of Trustees.
(Ord. 05-2539, passed 10-11-05)
§ 155.809 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 one and one-half years, the Zoning, Planning and Appeals 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.
(Ord. 05-2539, passed 10-11-05)