(a) In order to protest any amendment to this chapter, a form provided by the zoning official and signed by the owners of 20 percent or more either of the area of the lots included in the proposed change, or of those immediately adjacent thereto, either in the rear thereof or on either side thereof, extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, shall be filed with the zoning official. Thereafter, such amendments shall not become effective except by a favorable vote of three-fourths of all the members of the village council. These provisions shall not, however, apply to any amendment which initially zones property added to the coverage of this chapter. No protest against any change in or amendment to the regulations or district boundaries established by this chapter shall be valid or effective under the provisions of section 32-84 unless it is in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment and unless it shall have been received by the zoning official in sufficient time to allow at least two normal workdays excluding Saturdays, Sundays and legal holidays, before the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the petition.
(b) Protest petitions only apply to zoning map amendments and are not applicable to text amendments.
(c) For the purposes of this section, vacant positions on the council and members who are excused from voting shall not be considered 'members of the council' for calculation of the requisite supermajority.
(d) A petitioner can withdraw their protest any time up to the voting time on the rezoning.
(Ord. No. 29, § 5.5, 8-17-1991; Ord. No. 2006-1006, 10-26-2006; Ord. No. 2021-0607, § 1, 6-28-2021)