(A) Authority. The regulations and districts established by this chapter may be amended from time to time, by the Village Board through the enactment of an amending ordinance. No such amendment shall be made without a public hearing before the Planning and Zoning Commission and after a report of findings and recommendations has been submitted to the Village Board by the Planning and Zoning Commission.
(B) Initiation.
(1) Amendments may be proposed by the Board of Trustees, Planning and Zoning Commission, and by any other person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.
(2) No application for amendment to this chapter shall be made which proposes reclassification of any of the same property for the same zoning district that has been the subject of a public hearing held by the Planning and Zoning Commission within the 12 months preceding the date of filing.
(C) Processing. The process for obtaining an amendment shall be as follows:
(1) An application for an amendment shall be filed with the Village Clerk, and thereafter entered into the records of the first meeting thereafter of the Village Board.
(2) A copy of such application shall thereafter be forwarded by the Village Clerk to the Planning and Zoning Commission with a request to hold a public hearing and submit to the Village Board a report of its findings and recommendations.
(3) The Planning and Zoning Commission shall hold a public hearing within 60 days after receiving the application from the Village Board. Notice of the time and place of such hearing shall be published at least once, not more than 30 days nor less than 15 days before the hearing, in a newspaper of general circulation in the village.
(4) The Planning and Zoning Commission shall, within 60 days after the hearing, transmit a written report giving its findings and recommendations to the Village Board.
(D) Decisions.
(1) The Village Board, upon report of the Planning and Zoning Commission without further public hearing, may grant or deny any proposed amendment in accordance with applicable state statutes or may refer it back to the Planning and Zoning Commission for further consideration.
(2) If no action is taken by the Village Board within six months after the report of the Planning and Zoning Commission, the application shall be deemed to have been denied and shall not thereafter be granted.
(3) In case a written protest against any proposed amendment signed and acknowledged by owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining, or by owners 20% of the frontage directly opposite the frontage to be altered is filed with the Village Clerk, the amendment cannot be passed except on the favorable vote of two-thirds of all members of the Village Board.
(E) Notice required prior to the amendment of any zoning district or the issuance of any special use permit.
(1) The petitioner for an amendment to the zoning map or for the issuance of a special use permit shall post notice of the public hearing on the property for which the amendment or special use is sought. The petitioner and/or his assigned agent is required to erect at least one sign for every 500 linear feet of street frontage with a minimum of one sign on each street abutting the property. The signs required herein shall be provided by the village and must be posted not more than 30 nor less than 15 days prior to the public hearing. The petitioner shall provide a sworn certificate to the Planning and Zoning Commission that the signs required herein were posted upon the subject property in accordance with this chapter.
(2) The petitioner shall also give written notice of the proposed amendment or special use permit to the owner of record, as shown on the record of the local real estate tax collector, of all lots lying within 250 feet, exclusive of public right-of-ways, of the property line for which the amendment or special use is sought. The written notice shall be delivered personally or may be sent by certified or registered mail, properly addressed, with sufficient postage or affixed thereon, with return receipt requested. The petitioner shall file with the Village Clerk a sworn affidavit with copies of the notice showing the names and addresses of the persons to whom the written notice was sent. The affidavit shall create a presumption of the giving of the notices, any notice returned “unclaimed” shall be considered effective. The notice required herein shall be mailed not more than 30 nor less than 15 days prior to the public hearing and shall minimally recite the amendment or special use sought; the location of the property involved; the common address, if any; the name of the petitioner; and the date and time for the public hearing.
(3) The failure to provide written notice or post signs as required herein shall be grounds for denial or deferral of the petition; however, the notice and signage are not jurisdictional. Amendments or special uses duly approved by the appropriate village authority shall not be set aside because of a failure to give written notice or post the signs as required herein.
(Ord. 95, passed 4-5-71; Am. Ord. 602, passed 7-26-90)