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A. Initiation Of A Petition: Zoning petitions may be initiated by the following:
1. Variations: Property owners.
2. Amendments: The mayor, the village board, the village plan commission, the zoning board of appeals, property owners or contract purchaser with the titleholder as a party thereto.
3. Special Uses: Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest and which is specifically enforced, may file an application to use such land for one or more of the special uses provided for in this ordinance in the zoning district in which the land is located.
B. Filing Of A Petition For A Zoning Amendment, Special Use, Or Planned Unit Development: Petitions for a zoning amendment, special use, or a planned unit development shall be obtained from the office of the zoning secretary. No less than two (2) signed petitions and twenty five (25) copies shall be filed with the zoning secretary who shall proceed to set a time and place for a public hearing and forward the petition to the village clerk and plan commission. The zoning secretary shall prepare such notices as required by this zoning ordinance for publication and mailing.
C. Filing Of A Petition For A Variation: Petitions for a zoning variation shall be obtained from the building department. No less than two (2) signed petitions and twenty five (25) copies shall be filed with the zoning secretary who shall proceed to set a time and place for a public hearing and forward the petition to the village clerk and zoning board of appeals. The zoning secretary shall prepare such notices as required by this zoning ordinance for publication and mailing.
D. Petition Filing Fees: Fees for all petitions shall be established by resolution of the village board of trustees. The applicant shall also deposit with the village an amount equal to the costs to be incurred for publication and hearing. (Ord. 2009-18, 8-11-2009)
E. Notice Requirements For Zoning Amendments, Special Uses And Variations:
1. Newspaper Publication: The zoning secretary will publish, at least once, notice of the time and place of such public hearing, not more than thirty (30) days or less than fifteen (15) days before the hearing, in a newspaper of general circulation within the village.
2. Notification Of Property: Notices shall be sent by certified mail, return receipt requested, to owners (as determined from current real estate tax records) of property adjacent and contiguous to the subject parcel. Reasonable attempts shall be made to notify property owners via first class mail within a three hundred foot (300') radius of the boundaries of the property constituting the subject of the applicant's petition. Owners of property across an alley or street from the property in question shall be considered adjacent and contiguous as well. Said notices shall be mailed not more than thirty (30) days or less than fifteen (15) days prior to the date of hearing, giving the date, time and place of hearing together with a simple description of the property as to area, zoning district and location with respect to principal road frontage and cross street and address, where applicable, a metes and bounds or lot and block legal description, the nature of the zoning request, and the legal owner of record. Applicant shall provide an affidavit of mailing to be made part of the permanent record.
3. Posted Notice: Notice of hearings on zoning amendments, special uses and variations shall be posted on the property so that it is clearly visible from a public street and within ten feet (10') of the property line nearest to a public street. The sign shall be firmly secured to the ground or structure to prevent vandalism and shall be along the most visible portion of road frontage. The sign shall be erected in a manner so as to be visible to traffic moving in both directions and be perpendicular to the roadway, except in the case of signs at the end of cul-de- sacs. If there is more than one frontage of the parcel on an improved street or streets, one sign for each frontage shall be posted. The signage required for this notification will be provided by the village upon receipt of the required fee and the village will perform the posting. A minimum size for public notice signage shall be eighteen inches (18") on the vertical edge and twenty four inches (24") along the horizontal edge. Said notice shall be posted not more than thirty (30) days or less than fifteen (15) days prior to the date of hearing. (Ord. 2015-26, 5-12-2015)