(A) Authority. The regulations imposed and the districts created under the authority of this chapter may be amended from time to time by ordinance. An amendment shall be granted or denied by the Village Board only after proper notice and a public hearing before the Planning Commission and a report of its findings and recommendations has been submitted to the Village Board.
(B) Initiation. Amendments may be proposed by the Village Board, or by a resident or owner of property in the village.
(C) Processing. A petition for an amendment shall be filed with the Zoning Administrator in a form attached to this chapter as Appendix B. Such petition shall be forwarded from the Zoning Administrator to the Planning Commission with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of petitioner and the time and place of the hearing (a) by posting at the applicant's land not less than ten days prior to the hearing, and (b) by publishing a notice thereof at least once in one or more newspapers in general circulation within the village not more than 30 nor less than 15 days prior to the hearing, and (c) by giving a written notice by first class mail at least 15 days before the hearing to the owners of the properties located adjacent to the location for which the amendment is requested. Failure to comply with steps (a) and (c) will not void an amendment.
(D) Conduct of Planning Commission hearing and report.
(1) The Planning Commission shall conduct a public hearing in accordance with § 158.113 above. At the hearing, the Planning Commission shall take testimony as necessary and shall consider the following issues:
(a) Consistency with the adopted Village Comprehensive Plan.
(b) Consistency with existing commitments and/or planned public improvements.
(c) Benefit to the neighborhood.
(d) Occurrence of any land use changes that affect the original zoning of the subject area.
(e) Any major changes in the condition of buildings and structures that affect the original zoning of the subject area.
(f) Need for additional zoning amendments resulting by change requested.
(g) Adequate carrying capacity of existing servicing of utilities and streets.
(h) Effect proposed change will have on vehicular and pedestrian traffic.
(i) Impact proposed change will have on living conditions in the vicinity by changing environmental factors such as sunlight, air and water quality or noise.
(2) The Planning Commission shall prepare and transmit to the Village Board a written recommendation regarding the proposed amendment, along with a copy of its minutes.
(E) Action by the Village Board. The Village Board, after receiving the report of the Planning Commission and without further public hearing, except for any new matter not presented to the Planning Commission and which the Village Board deems relevant, may grant by ordinance any proposed amendment or may refer it back to the recommending body for further consideration. A failure to pass an ordinance shall be deemed a denial of the petition. Any written protest against any proposed amendment of the regulations or districts may be signed and acknowledged by the owners of 20 per cent 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. If such written protest in such manner is filed with the Clerk of the Village and the applicant and his attorney five days prior to public hearing, the amendment shall not be passed except by a favorable vote of two-thirds of the Village Board then holding office.
(Ord. 96-54, passed 3-26-96)