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(A) Upon receipt of an application to amend this chapter or the adoption of a motion by Council to amend it, the application or motion shall be referred to the Planning Commission. Planning Commission shall consider the application or motion at its next regular meeting or at a special meeting called for this purpose.
(B) Upon review and consideration of the proposed amendment the Planning Commission shall make a report to Council. The report shall:
(1) Recommend that the rezone or amendment to the text be adopted in accordance with the application or Council motion; or
(2) Recommend that the rezone or amendment to the text be adopted in a form modified by the Commission from the application or motion as originally submitted to the Planning Commission; or
(3) Recommend that the application for the rezone or amendment to the text be denied.
(C) All recommendations of the Planning Commission shall be concurred by at least three members of the Commission. The recommendation shall be returned to Council no later than Council's second regular meeting after submission of the proposed amendment or application to the Planning Commission. The failure of the Commission to make a recommendation in the time provided herein shall be deemed to be a recommendation in favor of the amendment or rezone.
(Ord. 87-27, § 701, passed 7-7-1987)
Upon receipt of a recommendation on an amendment or rezone from the Planning Commission, or an amendment or rezone initiated by Planning Commission, Council shall set a public hearing upon the proposed amendment or rezone which shall be held no earlier than 30 days after notice of this hearing has been given by one publication in a newspaper of general circulation within this village. The hearing may be held at either a regular or special Council meeting.
(Ord. 87-27, § 702, passed 7-7-1987)
In the event the proposed amendment involves the rezone of ten or fewer parcels of land as listed on the county auditor's current tax duplicate, the Financial Officer of this village shall also give notice of the time and place of said public hearing by first class mail at least 20 days before the hearing to all owners of property within, contiguous to and directly across the street from the parcel or parcels involved. The notice shall be mailed to the address listed on the current county auditor's tax duplicate. The failure of delivery of the notice shall not invalidate any subsequent action with respect to the proposed amendment. During the 30-day period specified above, the ordinance containing the proposed amendment along with the application and any map and the report of the Planning Commission along with any other documents relating thereto shall be on file in the office of the Financial Officer for public inspection.
(Ord. 87-27, § 703, passed 7-7-1987)
The proposed amendment shall be placed before Council in the form of an amendment to this chapter and may be voted upon at the same meeting at which the public hearing is held or at a subsequent regular or special meeting. Any amendment which differs in any respect from the recommendation of the Planning Commission may be adopted only by a three-fourths vote of Village Council. Any amendment which is in all respects in accordance with the recommendations of the Planning Commission may be adopted by a majority vote of Council. All amendments shall go into effect in 30 days of adoption unless the ordinance adopting the same is declared to be an emergency measure, in which case the amendments shall go into immediate effect.
(Ord. 87-27, § 704, passed 7-7-1987)
VIOLATIONS AND ENFORCEMENT
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