The village council, after receiving a recommendation from the plan commission, may amend the regulations imposed and the districts created by this title. The board may approve, approve with conditions, or deny a text or a map amendment, pursuant to the procedures set forth herein and within the applicable Illinois statutes.

   A.   Amendments to the text or map of the zoning ordinance may be granted to:

      1.   Promote the public health, safety, morals, comfort, and general welfare of the village of Seneca.

      2.   Conserve the value of property throughout the village.

      3.   Lessen or avoid congestion in the public streets and highways.

   B.   Amendments shall be classified as follows:

      1.   Text amendments, which are amendments to the text of this zoning ordinance.

      2.   Map amendments, which are amendments to zoning map, adopted pursuant to this zoning ordinance. (Ord. 10-09, 8-17-2010)

   A.   Written Petitions: Written petitions proposing amendments and requesting the village council to consider such amendments may be made:

      1.   By the plan commission, in such a manner and pursuant to such procedure as the commission may deem appropriate; or

      2.   By any person, firm, corporation, or governmental agency, but only in the manner and pursuant to the procedure hereinafter set forth.

   B.   Preliminary Consultation With Plan Commission: Prior to preparation of a petition, a prospective petitioner should (but is not required to) consult informally with the plan commission.

   C.   Form Of Petition: A petition or application for an amendment shall be filed with the zoning officer, and shall include at least the following information:

      1.   Text Amendments:

         a.   Name, address and telephone number of the petitioner or applicant.

         b.   The proposed text amendment.

         c.   A statement of how the proposed amendment relates to the comprehensive land use plan, as may be amended from time to time, or otherwise promotes the public health, safety and general welfare of the village of Seneca.

      2.   Map Amendments:

         a.   Name, address and telephone number of the petitioner or applicant.

         b.   The proposed map amendment, including:

            (1)   Legal description of the property to be affected.

            (2)   Common address and permanent index number.

            (3)   Identification of existing zoning.

            (4)   Identification of proposed zoning.

            (5)   Existing use of the property.

            (6)   Proposed use of the property.

            (7)   Location map showing property lines, streets, and such other items as the zoning officer may require.

            (8)   A plat map drawn to a scale of not less than one inch to one hundred feet (1" = 100') showing the land that is proposed to be reclassified, its present use and zoning classification, the length and location of each of its boundaries, and the location and existing use of all structures on such land. The plat map shall also show surrounding lands within two hundred fifty feet (250') of the land proposed to be reclassified and shall show the same information for such surrounding land. The shape and dimension of the land that is proposed to be reclassified, as shown on such plat map, shall be certified to be correct by a land surveyor or civil engineer licensed by the state of Illinois.

            (9)   A written statement of how the proposed amendment:

               (A)   Relates to the comprehensive land use plan.

               (B)   Promotes the public health, safety and general welfare.

   D.   Filing Of Petition:

      1.   A petition proposing an amendment shall be presented to the village clerk for filing. The village clerk shall accept for filing all petitions.

      2.   The plan commission shall also accept for filing all other such petitions presented, except that:

         a.   A petition shall not be accepted for filing unless it meets the requirements of this section.

         b.   A petition except a petition presented on behalf of a governmental agency, shall not be accepted for filing unless accompanied by payment of a fee as specified in section 10-6-4 of this title; such payment shall be refunded unless the village council shall, within ninety (90) days after the date of filing, resolve to consider the proposed amendment, in which event payment shall not be refunded.

         c.   In the event that a petition proposes reclassification of property that has less than one hundred feet (100') of frontage or less than ten thousand (10,000) square feet of area, such petition shall not be accepted for filing, except where in the event of the passage of the proposed amendment such property would be in the same zoning district as adjoining property.

         d.   A petition proposing the reclassification of any property shall not be accepted for filing within twelve (12) months after the plan commission shall have held a public hearing on any other proposed amendment that would, if adopted, have resulted in the same classification of all or any part of the same property.

   E.   Disposition Of Petition: The village clerk shall transmit all petitions or copies thereof to the plan commission. (Ord. 10-09, 8-17-2010)

Consideration of any amendment, whether proposed by petition or by a member of the village council, shall be referred by the village council to the plan commission without delay. (Ord. 10-09, 8-17-2010)

The plan commission shall make the following disposition of each amendment:

   A.   Investigation: The plan commission shall cause to be made such investigation as it shall deem necessary to the facts bearing upon each amendment referred to it.

   B.   Hearing: The plan commission shall hold a public hearing on each amendment referred to it. The time and place of such hearing shall be determined by the commission, but said time shall be not more than sixty (60) days after referral of the amendment to the commission; provided, however, that if any amendment referred to the commission would, if passed, result in the reclassification of property located in an area of the village of which the commission is then conducting a general survey or study, said time shall be not more than one hundred fifty (150) days after referral of the amendment to the commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the plan commission may from time to time prescribe by rule.

   C.   Notice Of Hearing: Notice of the time and place of such hearing shall be given by the plan commission not more than thirty (30) nor less than fifteen (15) days before the hearing by publishing a notice thereof in a newspaper of general circulation in the village. If the amendment under consideration would result in the reclassification of any property, such notice shall include such description of the property affected by the proposed amendment as the plan commission may by rule prescribe from time to time. The published notice may be supplemented by such additional form of notice as the plan commission may prescribe.

   D.   Report On Amendment Under Consideration: Within forty (40) days following the public hearing, the plan commission shall submit to the village council a report containing a recommendation for action by the village council on the amendment under consideration. The report shall be accompanied by the commission's record of the public hearing, or a copy of such record. The report shall include determinations on the following items, and on such other items as the commission may deem relevant, and shall state the reasons for the commission's recommendation:

      1.   Text Amendments: If the amendment under consideration would result in a change in the text of the zoning ordinance but would not result in reclassification of any property, the plan commission shall determine:

         a.   Whether such change is consistent with the intent and purpose of this title in establishing the particular zones affected; and

         b.   Which areas in the village are most likely to be directly affected by such change and in what way they will be affected; and

         c.   Whether any indirect effects are likely to result from such change in the foreseeable future, and, if so, the nature of such indirect effects; and

         d.   Whether the amendment under consideration would correct an error or oversight in the zoning ordinance as originally adopted; and

         e.   Whether the amendment under consideration is made necessary because of changed or changing conditions in the areas and zones affected or in the village generally, and if so, the nature of such changed or changing conditions; and

         f.   Whether the amendment under consideration meets the spirit and intent of the comprehensive plan.

      2.   Map Amendments: If the amendment under consideration would result in the reclassification of any property, the plan commission shall determine:

         a.   Whether the reclassification would be consistent with the intent and purpose of this title; and

         b.   Whether every use that would be permitted on the property if it were reclassified would be compatible with the uses permitted on other property in the vicinity; and

         c.   Whether adequate public school facilities, sewer and water lines, and all other needed public services exist or can be provided to serve the uses that would be permitted on the property if it were reclassified; and

         d.   The amount of vacant land that is currently zoned for similar development in the village, and particularly in the vicinity of the property that would be reclassified, and any special circumstances that make a substantial part of such vacant land unavailable for development; and

         e.   In the event that the property, after reclassification, would be available for use by business or industry, whether additional land is needed in the village, and particularly in the area in question, to provide business services or employment for residents of the village; and

         f.   Whether the amendment under consideration would correct an error in the zoning ordinance as originally adopted; and

         g.   Whether amendment under consideration is made necessary because of changed or changing conditions in the area affected or in the village generally, and, if so the nature of such changed or changing conditions. (Ord. 10-09, 8-17-2010)

   A.   Action Of Council: Action by the village council is required within sixty (60) days after the report of the plan commission is submitted to the village council.

   B.   Amendment: The village council may pass the proposed amendment with or without change, may reject it, or may recommit it to the plan commission or zoning board of appeals for further consideration.

   C.   Recommendation Denied: In those instances when the Plan Commission recommends denying a map or text amendment, a favorable vote of two-thirds (2/3) of the members of the village council shall be necessary to approve an ordinance granting the amendment.

   D.   Written Protest:

      1.   A map or text amendment shall not be passed except by a favorable vote of two-thirds (2/3) of the members of the village council in the case of a written protest against any proposed text amendment or map amendment when said protest is signed and acknowledged by the owners of twenty percent (20%) of the:

         a.   Frontage proposed to be altered.

         b.   Frontage immediately adjoining or across an alley from the property.

         c.   Frontage directly opposite the frontage proposed to be altered.

      2.   The written protest shall be served by the protester or protesters on the applicant for the proposed amendment, and a copy served on the village attorney, and the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application or petition for the proposed amendment. (Ord. 10-09, 8-17-2010; amd. Ord. 25-02, 1-6-2025)