A petition to amend the Official Zoning Map or the text of this
chapter that is initiated by the Village Board, Village Board, or
Zoning Administrator shall be made in accordance with the following
procedures:
A. The Zoning Administrator shall file a completed petition with the
Village Clerk on behalf of the Village of Oakwood at least 20 days
prior to the required public hearing. The filing fee shall be waived.
The Zoning Administrator shall then schedule the petition for a public
hearing before the Village Board.
B. The Zoning Administrator shall have notice of the public hearing
published in a local newspaper of general circulation at least 15
days but not more than 30 days prior to the public hearing.
C. The Village Board shall then hold the public hearing and shall review the petition and other related evidence, and then prepare and adopt the findings and make a recommendation on the petition in accordance with §
290-44 of this article.
A petition to amend the Official Zoning Map that is initiated
by a person other than the Village shall be made in accordance with
the following procedures:
A. Prior to the preparation of a formal petition, a petitioner or his
agent shall meet with the Zoning Administrator to discuss the situation,
learn the procedures, obtain a petition, and present any preliminary
information.
B. The petitioner or his agent shall complete the petition and shall
prepare a site plan and other supporting materials that contain the
information requested in this chapter as well as the following:
(1) Description of business operations, including hours, products, market
area, traffic volumes, and timetable for development (if applicable);
(2) A written joinder agreement signed by the title holder of the property
and notarized, concurring with the requested amendment (if the petitioner
is not the owner of the property).
C. The petitioner or his agent shall file the completed petition, together
with the required site plan and exhibits, with the Zoning Administrator
at least 20 days prior to the required public hearing and shall pay
a filing fee according to the fee schedule in this chapter. The Zoning
Administrator shall then schedule the petition for a public hearing
before the Village Board.
D. The petitioner shall have notice of the public hearing published
in a local newspaper of general circulation at least 15 days but not
more than 30 days prior to the public hearing.
E. If all required site plans and exhibits are provided, the Village
Board shall then hold the public hearing and shall review the petition
and other related evidence. If all required plans and exhibits are
not available for the Village Board's consideration, action on
the petition may be delayed until the information is made available.
F. In reviewing the petition and the other evidence presented, the Village
Board shall consider the criteria listed here. Any request for a map
amendment shall be reviewed for consistency with the following criteria:
(1) The request is consistent with all applicable provisions of the Village
Comprehensive Plan;
(2) The request is compatible with the existing or allowable uses of
adjacent properties;
(3) The request will preserve the essential character of the neighborhood
in which it is located;
(4) The request will not adversely affect the public health, safety or
welfare;
(5) The request will not adversely influence living conditions in the
immediate vicinity;
(6) The request will not adversely affect adjacent properties;
(7) The request will not create undue traffic congestion;
(8) The request has minimized, to the degree possible, adverse effects
on the natural environment;
(9) The request can demonstrate that adequate public facilities exist
or will exist to serve the requested use at the time such facilities
are needed; and
(10)
The request conforms to all applicable provisions of this chapter.
G. The Village Board shall then prepare and adopt findings and make
a recommendation on the petition in accordance with this article.