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Wheeling City Zoning Code

CHAPTER 19

14 - ORDINANCE ADMINISTRATION

Sections:


19.14.010 - Text amendments and rezonings.

(a)

Amendment Authorized. The regulations imposed and the districts created under the authority of this Title may be amended in the manner provided under the Illinois Municipal Code. No such amendments, including the zoning maps, shall be made without a public hearing before the plan commission of the village.

(b)

Initiation of Amendments. Amendments may be proposed by the board of trustees, by the plan commission, or by any other person or commission. Any application for such an amendment, except for those proposed by the board of trustees, shall be filed with the village clerk and transmitted to the board of trustees for information purposes.

(c)

Application. Amendments initiated by the board of trustees shall be referred directly to the plan commission for a public hearing and review prior to village board action. An application made by any other person for an amendment to any of the provisions of this Title or to any district created thereby shall be filed with the village clerk, with a copy to the zoning administrator. Such application shall be upon such form and accompanied by such information as shall be required from time to time by the plan commission or board of trustees.

(d)

Processing of Applications. Upon receipt of an application for an amendment to the zoning Title, the village clerk shall transmit the application to the person who shall transmit the proposed application to the plan commission with a copy to the board of trustees, with directions to hold a public hearing on the proposed amendment and to make findings and recommendations and forward same to the board of trustees.

(e)

Public Hearing. The plan commission shall hold a public hearing on proposed amendments initiated by the board of trustees or by the plan commission, and on all applications for an amendment by any other person. The plan commission shall determine the time and place for the hearing. 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 shall prescribe from time to time, by rule, provided, however, that all testimony shall be taken under an oath administered by the member of the plan commission presiding at the hearing. After the public hearing has been conducted, the plan commission shall prepare findings of fact and recommendations with respect to the proposed amendment and transmit the same to the board of trustees.

(f)

Standards. The following standards shall be used to evaluate petitions for text amendments and rezoning of land in the village. The petitioner's response must include a brief explanation if a particular standard does not apply to the type of action requested.

(1)

Compliance with the intent and purpose of this Title;

(2)

Compliance with the comprehensive plan, official map, and all other plans and policies adopted by the village;

(3)

Physical or economic conditions pertaining to the subject area which have changed and which make the existing zoning inappropriate and the proposed rezoning appropriate;

(4)

The proposed zoning is desirable and needed in the village;

(5)

The proposed rezoning is compatible with and would not unduly depreciate the use and value of a surrounding property;

(6)

Contribution to a rational pattern of land uses which is beneficial to the village.

(g)

Notice of Public Hearing. A notice of public hearing on a proposed amendment shall be provided as set forth under Section 19.13.050 of this Title.

(h)

Action by Board of Trustees. If an application for a proposed amendment is not acted upon finally by the board of trustees within six months of the date upon which the findings and recommendations of the plan commission are filed with the board of trustees, it shall be deemed to have been denied.

(Ord. 4018 § A (part), 2005)

(Ord. No. 4719, § N, 8-20-2012)

19.14.020 - Amendment of official zoning map.

When changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the board of trustees, with an addendum to the official zoning map as follows: "On (insert date) by official action of the board of trustees, the following change (changes) were made in the official zoning map; (brief description of nature of change)," which entry shall be signed by the village president and attested by the village clerk. No amendment to this Chapter which involves matters portrayed on the official zoning map shall become effective until after such change and addendum thereto has been made to such map.

(Ord. 4018 § A (part), 2005)

19.14.030 - Replacement of official zoning map.

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the board of trustees may pass a resolution to adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting errors or other omissions on the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereto. The new official zoning map shall be identified by bearing the seal of the village under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance No. 4018 of the Village of Wheeling, Illinois."

(Ord. 4018 § A (part), 2005)