A. Authority: A zoning district may be amended, supplemented, changed, modified, or repealed by the Council.
B. Initiation Of Amendment: Any person, group of persons, the commission, or the Council may file an application at the Planning and Zoning Office seeking to change a zoning district. When initiated by any person or persons, a nonrefundable filing fee set by Council resolution, together with such an additional amount as may be determined necessary by the Council to cover administrative costs, including the costs of publication, shall accompany such request.
C. Application For Amendment: Any application for an amendment, supplement, change, modification, or repeal of a zoning district shall contain the following:
1. A description of any land to be rezoned, together with a diagram drawn to scale showing the boundaries of the area requested to be rezoned.
2. A statement of the present zoning and the requested new zoning.
3. A statement of justification for such action, including facts concerning any change of conditions, an error in the original zoning, or the unusual or peculiar suitability of a lot to a certain use.
4. A description of the land uses of property within two hundred feet (200') (not including rights-of-way) in all directions of the boundary lines of the area proposed for change.
5. A statement of the effects of the new zoning change on adjacent areas or uses.
6. The names and addresses of all owners of property contiguous to and within two hundred feet (200') in all directions of the boundaries of the area proposed for change (not including rights- of-way) in digital form compatible with Word, Excel, or Access.
D. Review:
1. Upon filing of any application for a proposed amendment, supplement, change, modification, or repeal of a zoning district, the commission shall review the application at any regular meeting or special meeting.
2. At the commission's discretion, the approval process may continue. (Ord. 2002-02, 1-17-2002)
E. Notification Of Property Owners:
1. Notification by first class mail shall be made to the property owners, both of the area of the lots included in such application and those in the area immediately adjacent to the area included in the application, extending two hundred feet (200') in all directions, excluding rights-of-way. (Ord. 2006-03, 1-19-2006)
2. Included in the notification shall be the means of entering protest, a summary of the proposed amendment, supplement, change, modification or repeal, and the public hearing date, time and location.
F. Public Hearing:
1. The Village shall hold a public hearing on the proposed amendment, supplement, change, modification, or repeal of a zoning district. (Ord. 2002-02, 1-17-2002)
2. The hearing shall be held after the review by the commission. Notice of the time, place, purpose, and location of the public hearing shall be posted and published fourteen (14) days prior to the date set for the hearing in a newspaper of general circulation in the Village. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)
3. The Village shall cause notices of the proposed zoning change to be posted on the subject property, or representative parcels, if the proposed change will affect a zoning district at large. (Ord. 2002-02, 1-17-2002)
G. Protests: (Rep. by Ord. 2004-03, 4-20-2004)
H. Decision: The application for zoning district change shall go to the Council with the commission's recommendation. The majority vote of Council shall determine whether application will be granted. (Ord. 2002-02, 1-17-2002)