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DISTRICT CHANGES AND REGULATION AMENDMENTS
Whenever, because of public necessity, convenience, general welfare or when good zoning practices require, the Village Council may by ordinance, after recommendation thereon by the Village Planning Commission and subject to the procedure provided in this subchapter, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this chapter or amendments thereof. It shall be the duty of the Planning Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Village Council. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this chapter.
(Ord. 16-79, passed 10- -1979)
(A) Applications for any change of district boundaries or classification of property as shown on the zoning map and for regulation amendments shall be submitted to the Planning Commission at its public office, on appropriate forms and all shall be accompanied by such data and information as may be prescribed for that purpose by the Commission so as to assure the fullest practicable presentation of facts for the permanent record.
(B) Such data shall include:
(1) The name and street address of the petitioner;
(2) The lot number of any real estate owned by the petitioner adjacent or within the areas proposed to be changed;
(3) A list of names of the owners of property within, contiguous to and directly across the street from the parcel sought to be affected, including the addresses of such owners or if unknown a statement of that fact and the address of the property;
(4) An accurate legal description of the district or area proposed to be altered;
(5) An accurate map, diagram or sketch of the district or area to be so altered and the lands contiguous thereto;
(6) Facts indicating that the proposed change requested will not be detrimental to the public health, safety or welfare and is in the public interest; and
(7) The interest, if any, of the petitioner in the parcel, the subject of the petition.
(Ord. 16-79, passed 10- -1979)
Before submitting its recommendations, an application or its own motion to the Village Council, the Planning Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a news media of general circulation in the village at least ten days before the date of such hearing and, further, shall give written notice of said hearing to the parties in interest including all property owners within 200 feet of the property in question within ten days before the date of such hearing. Within 30 days after the public hearing, the Planning Commission shall recommend to Council that the amendment be granted as requested or it may recommend a modification of its amendment requested, or it may recommend that its amendment not be granted.
(Ord. 16-79, passed 10- -1979; Ord. 5-91, passed 5-7-1991)
After receiving from the Commission the certification of said recommendation on the proposed amendment or supplement, and before adoption of such amendment, the Council shall hold a public hearing thereon at least 30 days’ notice of the time and place of which shall be given by publication in a news media of general circulation in the village. If the proposed ordinance amendment intends to rezone or redistrict ten or less parcels of land as listed in the tax duplicate, written notice of the hearing shall be mailed by the Fiscal Officer by first class mail, at least 20 days before the date of the public hearing to the owners of property across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor’s current tax list.
(Ord. 16-79, passed 10- -1979)
Following such hearing and after reviewing the recommendations of the Commission thereon, the Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the ordinance or the zoning map. The Council may overrule the recommendations of the Commission by four-sixths vote of the full membership of the Council.
(Ord. 16-79, passed 10- -1979)
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