(A) Authority to file. Amendments to the text of this zoning chapter may be initiated only by the Village Board or the Planning and Zoning Commission.
(B) Review and report — Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed zoning ordinance text amendment in light of the review criteria of division (E) below. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed text amendment.
(C) Notice of hearing. Notice of the Planning and Zoning Commission’s required public hearing on a zoning ordinance text amendment must be published in the newspaper in accordance with § 151.202(D)(5).
(D) Hearing and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed text amendment. Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed text amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the Village Board.
(E) Review criteria. The Planning and Zoning Commission may not recommend approval of a zoning ordinance text amendment unless it finds that the proposed amendment is in the public interest. The Planning and Zoning Commission must make findings based on the evidence presented to it in each specific case with respect to the following matters:
(1) Whether the proposed zoning ordinance text amendment corrects an error or inconsistency in the zoning chapter or meets the challenge of a changing condition; and
(2) Whether the proposed zoning ordinance text amendment is consistent with adopted plans and policies of the village.
(F) Final action — Village Board.
(1) Upon receipt of the Planning and Zoning Commission’s findings and recommendation, the Village Board may act to approve the proposed zoning ordinance text amendment, approve the proposed text amendment with modifications or deny the proposed text amendment. The Village Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so.
(2) Zoning ordinance text amendments may be approved by a simple majority vote of the entire Village Board. However, if a written protest petition (see division (G) of this section) against the proposed zoning ordinance text amendment is signed and acknowledged by at least 10% of the registered voters of the village, at least a 3/4 majority vote of the entire Village Board shall be required for approval.
(3) If no action is taken by the Village Board within 6 months after receipt of the report of the Planning and Zoning Commission, the proposed text amendment is deemed to have been denied.
(G) Protest petitions. A written protest petition opposing a zoning ordinance text amendment must be submitted to the Village Clerk before the Village Board’s vote, allowing sufficient time for the Village Clerk to determine the validity of the petition.
(Ord. 2015-08, § 14.08, passed 6-23-2015)