§ 30-5.2. Text amendment and map amendment.

(a)

Purpose. The regulations imposed and the districts created by this Ordinance may be amended from time to time in accordance with this Article. The process for amending the Zoning Ordinance text or the Zoning Map is intended to permit modifications in response to changed conditions or changes in Village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.

(b)

Initiation.

(1)

A text amendment may be initiated by an owner of any property in the Village, or other person expressly authorized by the owner in writing, or the Village.

(2)

A map amendment may be initiated only by the owner of any property in the Village affected by the proposed amendment, or other person expressly authorized in writing by the owner, the Village, or any other unit of government that is not the owner of the lot but proposes to acquire the lot by purchase, gift, or condemnation.

(c)

Authority. The Village Board, after receiving a recommendation from the reviewing committee or commission, will take formal action on requests for text or map amendments.

(d)

Procedure.

(1)

Application.

(A)

All applications are filed with the Zoning Administrator in accordance with the requirements of Section 30-4.2 (Application). Amendments initiated by the Village also require an application, but are exempt from fees.

(B)

The application must be accompanied by a written statement from the applicant stating the basis for the request. In the case of a map amendment, a site plan must be included illustrating the overall plan for development or redevelopment of the property, and how such new development relates to adjacent land uses and maintains the character of the surrounding neighborhood.

(2)

Assignment of Public Hearing and Review by the Village Board.

(A)

Within a reasonable time after submission of the application, the Village Board will assign responsibility for conducting the public hearing on the proposed amendment to a reviewing committee or commission, which may be the Plan Commission, the Zoning Board of Appeals, the Village Board itself or a committee thereof, or any other group of persons designated by the Village Board. The Zoning Administrator then shall schedule the application for consideration at a public hearing.

(B)

Upon receiving an application requesting an amendment, or upon an instruction from the Village Board to consider a proposed amendment, the Zoning Administrator will review the proposed amendment and deliver copies of the proposed amendment to other appropriate government agencies for review and comment, as appropriate. Prior to the scheduled public hearing, the Zoning Administrator will forward to the reviewing committee or commission copies of the application and a written report summarizing the facts of the case, including all relevant documents and incorporating or summarizing the comments of the Zoning Administrator and other agencies. The Zoning Administrator will forward a copy of the written report to the applicant prior to the scheduled public hearing.

(3)

Action by the Reviewing Committee or Commission.

(A)

The reviewing committee or commission will conduct a public hearing on a proposed zoning amendment in accordance with Section 30-4.4 (Public Hearing) within a reasonable time after receipt of a complete application. Notice for the public hearing must be in accordance with Section 30-4.3 (Notice). If, in the reviewing committee or commission's judgment, the application does not contain sufficient information to enable the reviewing committee or commission to properly discharge its responsibilities, the committee or commission may request additional information from the applicant.

(B)

Within a reasonable time after the close of the public hearing, the reviewing committee or commission must forward to the Village Board its recommendation, together with the minutes of the hearing.

(C)

The reviewing committee or commission will evaluate the application, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in Paragraph (e) below. For zoning text amendments, the reviewing committee or commission must recommend approval, approval with conditions, or denial of the application. For zoning map amendments, the reviewing committee or commission must recommend approval or denial of the application.

(4)

Action by the Village Board. The Village Board will consider the application within a reasonable time of receiving the findings of fact and recommendation from the reviewing committee or commission, pursuant to each of the applicable standards in Paragraph (e) below. The Village Board may take action in the form of approval, approval with conditions, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments. The Village Board may also refer the application back to the reviewing committee or commission for further consideration.

(e)

Approval Standards for Zoning Amendments. The reviewing committee or commission's recommendation and Village Board decision on any zoning amendment, whether text or map amendment, must consider the following standards, as set forth in Table 5-1: Approval Standards for Zoning Amendments below. However this is a matter of legislative discretion that is not controlled by any particular standard.

VILLAGE OF WILMETTE, ILLINOIS TABLE 5-1: APPROVAL STANDARDS FOR ZONING AMENDMENTS
STANDARDS	MAP AMENDMENTS	TEXT AMENDMENTS
1. The existing development pattern, use and zoning of nearby property.	X
2. The extent to which property values of the subject property are diminished by the existing zoning.	X
3. The extent to which the proposed amendment promotes the public health, safety and welfare of the Village.	X	X
4. The relative gain to the public, as compared to the hardship imposed upon the applicant.	X	X
5. The suitability of the property for the purposes for which it is presently zoned, i.e., the feasibility of developing the property in question for one (1) or more of the uses permitted under the existing zoning classification.	X
6. The length of time that the property in question has been vacant, as presently zoned, considered in the context of development in the area where the property is located.	X
7. The evidence of community need for the use proposed by the applicant.	X
8. The consistency of the proposed amendment with the Comprehensive Plan.	X	X
9. The consistency of the proposed amendment with the intent and general regulations of this Ordinance.		X
10. Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.		X
11. That the proposed amendment will benefit the residents of the Village as a whole, and not just the applicant, property owner(s), neighbors of any property under consideration, or other special interest groups, and the extent to which the proposed use would be in the public interest and would not serve solely the interest of the applicant.	X	X
12. Whether the proposed amendment provides a more workable way to achieve the intent and purposes of this Ordinance, the Comprehensive Plan, or planned public improvements.		X
13. The extent to which the proposed amendment creates non-conformities.	X	X
14. The trend of development, if any, in the general area of the property in question.	X
15. Whether adequate public facilities are available including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are reasonably capable of being provided prior to the development of the uses, which would be permitted on the subject property if the amendment were adopted.	X

 

 

(f)

Written Protest of Zoning Amendment. Written protest of a zoning amendment must be filed in accordance with Illinois state law.

(Code 1993, § 20-5.2)