(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, village staff, 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 reclassification 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 Community Development Department.
(2) A copy of such application shall thereafter be forwarded by the Community Development Department 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. Notice of the time and place of such hearing shall be completed in accordance with §
156.203
.
(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, without further notice or hearing, 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 zoning 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.
(Ord. 95, passed 4-5-71; Am. Ord. 602, passed 7-26-90; Am. Ord. 2141, passed 12-18-23)