(A) Authority to file. Amendments to the zoning map may be initiated only by the Village Board, the Planning and Zoning Commission or by any other person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed zoning map amendment. Rezoning petitions may be filed by the property owner (described above) or by the owner’s authorized agent.
(B) Application filing. Complete applications for zoning map amendments must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.
(C) Review and report — Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed zoning map amendment in light of the review criteria of division (F) of this section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed rezoning.
(D) Notice of hearing.
(1) Newspaper notice. Notice of the Planning and Zoning Commission’s required public hearing on a zoning map amendment must be published in the newspaper in accordance with § 151.202(D)(5).
(2) Delivered notice. Notice of the Planning and Zoning Commission’s required public hearing on a zoning map amendment must be delivered to the subject property owner and all owners of property in accordance with § 151.202(D)(4).
(E) Hearing and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed zoning map amendment. Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed map amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the Village Board.
(F) Review criteria. The Planning and Zoning Commission may not recommend approval of a zoning map amendment unless it finds that the proposed amendment is in the public interest and is not solely for the interest of the applicant. 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) Existing uses of property within the general vicinity of the subject property;
(2) The zoning classification of property within the general vicinity of the subject property;
(3) The suitability of the subject property for the uses allowed under the existing zoning classification;
(4) The trend of development, if any, in the general vicinity of the subject property, including changes, if any, that may have taken place since the time the subject property was placed in its present zoning classification; and
(5) Consistency (or inconsistency) with the Village Comprehensive Plan.
(G) 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 map amendment, approve the proposed zoning map amendment with modifications (e.g., reducing the land area or recommending another zoning classification) or deny the proposed zoning map 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 map amendments may be approved by a simple majority vote of the entire Village Board, except that in the following cases approval of a zoning map amendment requires at least a 3/4 majority vote of the entire Village Board:
(a) If a written protest petition against the proposed zoning map amendment is signed and acknowledged by:
1. The owners of 20% or more of the land area proposed to be rezoned; or
2. The owners of land immediately touching or immediately across a street, alley, or public right-of-way from at least 20% of the perimeter of the land proposed to be rezoned.
(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 application is deemed to have been denied.
(4) Notwithstanding any other provisions to the contrary, if a zoning map amendment is proposed solely to correct an error made by the village as a result of a comprehensive rezoning, the map amendments may be passed at a Village Board meeting by a simple majority of the entire Village Board.
(H) Protest petitions.
(1) A written protest petition opposing a zoning map amendment must be submitted to the Village Clerk or on the public record before the Village Board’s vote, allowing sufficient time for the Village Clerk to determine the validity of the petition.
(2) When a written protest petition has been submitted, the protest must be served by the protestors upon the applicant and upon the applicant’s attorney, if any, by certified mail at the applicant’s and attorney’s addresses shown on the application.
(I) Successive applications. In the event that a rezoning application is denied, no application may be accepted that proposes reclassification of any of the same property for the same zoning district for 12 months from the date of the previous Planning and Zoning Commission public hearing.
(Ord. 2015-08, § 14.09, passed 6-23-2015)