A.
Authority. The regulations and standards of this chapter and the
district boundaries on the Official Zoning Map may be amended from
time to time by following the provisions set forth in this article.
B.
Classification of amendments. In order to ensure efficient consideration
of all proposed amendments under the provisions of this chapter, said
amendments shall be separated and classified as either a textual amendment
or a map amendment.
(1)
Textual amendment. All petitions for additions, modifications, deletions
or other substantive changes to the text, requirements or procedures
of this chapter shall be defined as textual amendments.
(2)
Map amendment. All petitions for modification to the delineation
of zoning district boundaries on the Official Zoning Map shall be
defined as map amendments.
C.
Initiation of amendments. Textual amendments may be proposed by the
Village Board, Village Board, or Zoning Administrator. Map amendments
may be proposed by the Village Board, Village Board, Zoning Administrator,
or any person with an ownership interest in the property which is
subject of the proposed amendment.
D.
Definition of person. "Person" shall include an individual, corporation,
partnership, limited-liability company, trust, or other entity.
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.
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.
A.
Findings of fact. Before deciding on an application for variation, the decision maker
shall develop findings of fact based upon the evidence presented in
the hearing. These findings should detail the degree to which the
applicant has established that the variation is necessary and should
assist in clarifying any conditions or restrictions recommended as
a result of this review process. The approval of a variation shall
not be made unless the evidence presented is such to establish all
the following:
(1)
That the proposed amendment is consistent with the goals, objectives
and policies of the Village Comprehensive Plan and is in conformity
with the designations delineated on the Future Land Use Map;
(2)
That the proposed amendment is consistent with the spirit, purpose
and intent of this chapter; and
(3)
That the development allowed by the proposed amendment will be compatible
with existing uses and existing zoning classifications of property
within the general area.
B.
Final determination. The Village Board shall then take final action
on the petition within 45 days of the public hearing. If the Village
Board votes to approve the request, it shall do so by adopting the
proposed amendment by ordinance. If an amendment request is contrary
to the Future Land Use Map of the Village Comprehensive Plan, a 2/3
affirmative vote of the Village Board then holding office is required
to approve the request.
C.
Written protests. In case of a written protest against any proposed
amendment of the regulations or districts, signed and acknowledged
by either: (1) the owners of 20% of the frontage proposed to be altered;
(2) the owners of 20% of the frontage immediately adjoining or across
the alley therefrom; or (3) the owners of 20% of the frontage directly
opposite the frontage proposed to be altered, is filed with the Village
Clerk on or before the date of the public hearing set forth in the
notice of hearing so published, the amendment shall not be passed
except by an affirmative vote of 2/3 of the Village Board then holding
office. In such cases, a copy of the written protest shall be served
by the protestor(s) on the petitioner for the proposed amendment and
a copy upon the attorney, if any, for the petitioner, by certified
mail at the address of such petitioner and attorney as shown in the
petition for the proposed amendment.
D.
Withdrawal. A petition may be withdrawn any time prior to the beginning
of the public hearing without penalty. If the petition is withdrawn
between the time the hearing begins and the Village Board takes final
action, said petition cannot be reheard for 12 months.
E.
Denial. If a petition is considered and ultimately denied by the
Village Board, that request shall not be reconsidered by the Village
Board at any time in a substantially similar form unless the Zoning
Administrator determines that conditions affecting the requested amendment
have changed significantly enough to justify reconsideration of said
request.
F.
Resubmittal. Resubmitting another petition for an amendment after
denial or withdrawal shall be accomplished in the same general manner
as is prescribed in this article.
