H. - Amendments.

1.

Authority: The village board, after receiving a report from the planning commission containing its findings and recommendations, may amend the regulations of this ordinance, may amend the zoning district boundary lines or may amend the provisions of the comprehensive land-use plan.

2.

Zoning text amendments:

Initiation and processing of text amendment:

a.

Text amendments may be initiated by the village board, a resident of the Village of Hinckley or the owner of property within the village.

b.

Public hearing required. The regulations imposed and the districts covered by this ordinance may be amended from time to time, but no such amendments shall be made until a public hearing has been held, and a report and recommendation has been made thereon by the planning commission.

c.

Notice of the public hearing shall be provided in conformance with article 4.E.1. Posting of signs and sending certified letters to individual landowners is not required.

d.

Report of public hearing. Following a public hearing, the planning commission shall transmit within 30 days to the village board a report thereon containing its findings of fact and recommendations for action to be taken by the village board.

e.

Action by the village board. After receiving the recommendations and report of the planning commission, the village board shall review the recommendation and report and may pass the proposed amendment without change, may reject it, or may recommit it to the planning commission for further consideration.

3.

Zoning map amendments:

Initiation and processing of zoning map amendment:

a.

An amendment which alters the zoning district boundary line may be proposed by the village board or by a person being the owner, lessee or contract purchaser of the subject property by submitting a complete application packet. A complete application packet shall include:

1)

A letter of authorization (with notarized original signature) from the property owner granting the lessee or contractor purchaser of the subject property permission to file the petition;

2)

A completed application (form to be provided by the village clerk's office), with original signature;

3)

A plat of survey showing existing conditions of the site;

4)

A written statement describing how the proposed map amendment conforms to the standards outlined in article 4.H.3.j.2) below;

5)

Any other documentation the planning commission may deem necessary to render a decision; and

6)

Sixteen copies of the required items.

b.

An application for a map amendment may not be processed until an escrow account has been established in conformance with municipal policy.

c.

The application packet shall be filed with the village clerk's office.

d.

Within ten business days, the village clerk shall contact the chairman of the planning commission and shall establish a public hearing date.

e.

Public hearing notification shall be as outlined in section E of this article.

f.

Within five business days of establishing the public hearing date, the village clerk shall send written notice to the planning commissioners, the village board, the village attorney, and the village planner, if one has been selected, informing them of the hearing date.

g.

The village planner may provide a written report to the planning commission analyzing how the proposal does, or does not, comply with the zoning ordinance.

h.

At least 14 business days prior to the hearing date the village clerk shall send copies of the application to the members of the planning commission, village board and village attorney.

i.

Within 30 calendar days of closing the public hearing the planning commission shall render an opinion whether to approve or deny the requested zoning map amendment.

j.

Within 14 business days of making a recommendation, the village planner may submit a written report to the village clerk. This report shall summarize the facts of the case and the public hearing proceedings and shall include a record of the recommendation reached by the planning commission.

k.

Decision of the village board: After recommendation by the planning commission, the village board may, by ordinance, grant an amendment. If the village board does not approve of an amendment after recommendation by the planning commission, it may deny the amendment or refer the proposed amendment back to the planning commission for further consideration.

l.

Standards for zoning map amendments: The commission shall not recommend nor shall the village board grant an amendment to alter the zoning district boundary lines unless it shall make findings based upon the evidence presented to it in each specific case that:

1)

The amendment promotes the public health, safety, comfort, convenience and general welfare and complies with the policies and official land use plan and other official plans of the village;

2)

The trend of development in the area of the subject property is consistent with the requested amendment;

3)

The requested zoning classification permits uses which are more suitable than the uses permitted under the existing zoning classification;

4)

The property cannot yield a reasonable return if permitted to be used only under the conditions allowed under the existing zoning classification;

5)

The subject property has not been utilized under the existing zoning classification for a substantial period of time; and

6)

The amendment, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.

4.

Amending the comprehensive land-use plan:

Any amendment to the comprehensive land-use plan shall conform to 65 ILCS 5/11-12-5 as amended.