(A) Amendments authorized; deposit; summary of procedures.
(1) The regulations or districts established by this chapter may be amended by ordinance. Application for amendment shall be made to the office of the Village Clerk on a form therefor provided and shall be accompanied by a deposit of $500. All expenses incurred by the village in the process of rezoning property shall be paid from the deposit. Any unused portion shall be returned to the applicant.
(2) Before any amendment shall be considered by the Village Board, the request for amendment shall be heard by the Plan Commission for the purpose of making a report and recommendation to the Village Board, but the report and recommendation shall be made only after holding a public hearing in relation thereto at which parties interest and citizens shall have an opportunity to be heard.
(3) Application for rezoning as provided by this chapter shall be accompanied by a deposit of $500. All expenses incurred by the village in the process of considering the application for rezoning shall be paid from the deposit. Any unused portion shall be returned to the applicant.
(B) Notice of hearing. Notice shall be given of the time and place of the hearing, not more than 30 days, nor less than 15, days before the hearing, by publishing a notice thereof at least once in one or more newspapers having a general circulation in the village.
(C) Consent of and notice to property owners.
(1) The application for amendment shall be signed by a real property owner in the area affected. In the event that the application includes property other than that owned by the applicant, in addition to the applicant’s property, the applicant shall file, on a form provided by the Village Clerk, a petition in favor of the request signed by the real property owners representing at least 75% of the area to be included in the application.
(2) In the event that the application includes property owned by more than one owner, the Plan Commission shall notify, by letter, all property owners in the area included within the application of the contemplated change. The letter shall be postmarked not later than one week prior to the Plan Commission hearing.
(D) Protests; decisions by Board of Trustees. In case of a written protest against any proposed amendment of the regulations or district, signed and acknowledged 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 immediately adjoining or across an alley therefrom or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the amendment shall not be passed except by a favorable vote of two-thirds of the members of the Village Board.
(E) Requests for amendments by Plan Commission. The Plan Commission may, on its own motion, after a public hearing, submit to the Village Board any requests for amendment, and the action shall satisfy the requirements of this section with respect to a report and recommendation by the Plan Commission.
(F) Decisions by the Village Board. No proposed amendment, supplement or change shall be passed except for the favorable vote of two-thirds of the members of the Village Board.
(Prior Code, § 9B-9-6) (Ord. 1473, passed 11-16-1995)