(A) General. In accordance with state law and the provisions of this section, the Village Board may amend the regulations imposed and the districts established in this chapter. Any proposed alteration of district boundaries, zoning classification, or proposed change in the status of any use (whether permitted, special, or prohibited) shall be treated as a proposed amendment, and dealt with accordingly. Amendments may be proposed by the Village Board, the Code Official, Board of Appeals, or any party of interest.
(B) Filing. Any proposal to amend this chapter shall be filed on a prescribed form with the Code Official, who shall forward it, together with his or her recommendation, to the Board of Appeals.
(C) Hearing. The Board of Appeals shall hold a public hearing on every amendment proposal not later than 30 days after its filing. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.
(D) Notice.
(1) Notice of the public hearing shall be given not more than 30 nor less than 15 days before the hearing:
(a) By registered or certified mail to the applicant and to every owner of property adjacent to the premises for which the amendment is requested; and
(b) By publication in a newspaper of general circulation within this municipality.
(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the amendment is requested, and the nature of the proposed amendment.
(E) Advisory report findings of fact. Not later than ten days after the public hearing, the Board of Appeals shall submit its advisory report and findings of fact in writing to the Village Board. The Board of Appeals shall not recommend the adoption of any amendment unless it finds that such amendment is in the public interest and not merely for the benefit of the party proposing it. Where the effect of a proposed amendment is to alter district boundaries or to change the status (permitted, special, or prohibited) of any use, the Board of Appeals shall make findings regarding all of the following matters:
(1) Existing uses of property in the vicinity of the property in question;
(2) The district classification of property in the vicinity of the property in question;
(3) The suitability of the property in question for uses already permitted under the existing district classification; and
(4) The trend of development in the vicinity of property in question, including changes (if any) which may have taken place since that property was placed in its present district classification.
(F) Decision by Village Board. The Village Board shall act on every proposed amendment at its next regularly scheduled meeting following submission of the Board of Appeals advisory report. Except as provided in division (G) below, the Village Board, without further public hearing, may, by simple majority vote, pass any proposed amendment or may refer it back to the Board of Appeals for further consideration.
(G) When two-thirds majority vote is required. The favorable vote of at least two-thirds of the members of the Village Board is required to pass an amendment to this chapter in each of the following instances:
(1) When passage would be contrary to the recommendation of the Board of Appeals; and
(2) When the amendment is opposed, in writing, by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered.
(H) Notice to applicant of written protest. In cases of written opposition to an amendment of this chapter as prescribed in division (G)(2) above, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant’s attorney, if any, by registered mail at the address of such applicant and attorney shown in the application for the proposed amendment.
(Prior Code, § 10-8-3) (Ord. passed 4-19-1999)