(A) Manner in which amendments may be initiated. The Council may, from time to time, on its own by resolution, by recommendation of the GPHPC, or by owner petition, amend, supplement, or change (“amend”) the boundaries or regulations herein or subsequently established. Any such amendment, supplement, or change (“amendment”) shall be made as follows:
(1) Amendment initiated by Village Council:
(a) Village Council may at any time, by resolution approved by a majority of its membership, initiate an amendment to the boundaries or regulations contained in this zoning code. Such resolution shall include the language or boundary description of the proposed amendment, be certified by the Village Clerk, and forwarded immediately upon its passage to the chairperson of the GPHPC.
(b) Upon receipt of a certified resolution of Village Council initiating an amendment to the zoning code, the chairperson of the GPHPC shall set a date for a public hearing on such amendment, which date shall not be greater than 60 days from the date of the certification of the resolution.
(c) Notice of the hearing shall be given by the GPHPC as established in division (C) herein.
(2) Amendment initiated by the GPHPC:
(a) The GPHPC may at any time by motion approved by a majority of its membership, initiate an amendment to the boundaries or regulations contained in this zoning code. Such motion shall include the language or boundary description of the amendment under consideration by the GPHPC.
(b) Upon passage of a motion to initiate an amendment to the zoning code, the chairperson of the GPHPC shall set a date for a public hearing on such amendment, which date shall not be greater than 60 days from the date of the passage of the motion to initiate the amendment.
(c) Notice of the hearing shall be given by the GPHPC as established in division (C) herein.
(3) Amendment initiated by petition:
(a) One or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment may file a petition to initiate an amendment to the boundaries or regulations contained in this zoning code. Such petition shall be filed in writing with the Village Clerk, on forms prepared by the village, and shall contain the following:
1. The language of the proposed amendment, if applicable;
2. Surveys, maps, or plans related to the proposed amendment, if applicable;
3. A basic data package, if applicable; and/or
4. Payment of a fee, established by Village Council from time to time, to defray the cost of advertising, mailing, and other expenses associated with the proposed amendment.
(b) Within 15 days of receipt of a petition requesting an amendment to the zoning code, the Village Clerk shall forward the petition, together with any accompanying documentation and maps, to the chairperson of the GPHPC and the chairperson of the laws committee of Village Council.
(c) Upon receipt of the petition, the chairperson of the GPHPC shall set a date for a public hearing on such amendment, which date shall not be greater than 60 days from the date of receipt by the GPHPC.
(d) Notice of the hearing shall be given by the GPHPC as established in division (C) herein.
(B) Public examination of the proposed amendments. The text of Village Council resolution, the GPHPC motion, or the materials submitted pursuant to the petition proposing the amendment to the zoning code, together with any documentation and maps forming part of or referred to in such resolution, motion or petition shall be on file, for public examination, in the office of the Village Clerk during regular business hours, from the date notice of the public hearing is provided as established in division (C) herein until at least the day following the conclusion of the public hearing on the proposed amendment.
(C) Notice of GPHPC hearings on proposed amendments. Notice of hearings held by the GPHPC pertaining to proposed amendments to the zoning code shall be given at least 30 days in advance of the hearing by the GPHPC by one publication in a newspaper of general circulation in the village. If the proposed amendment intends to rezone or redistrict ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Village Clerk, by first class mail, at least 20 days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list. The failure of delivery of such notice shall not invalidate any such amendment. The published and mailed notices shall set forth the time, date, and location of the hearing; a statement that the motion, resolution, or petition under consideration at the hearing is an amendment to the zoning code, the current and proposed zoning classification of any affected property; and a statement as to when and where the text of the resolution, motion, or petition proposing the amendment, together with any supporting documentation and maps, may be examined by the public.
(D) Decision of proposed amendment by the GPHPC.
(1) Within 90 days after the conclusion of the public hearing, the GPHPC shall, by motion approved by a majority of its membership, recommend the approval or denial of the proposed amendment, or the approval of some modification of it. Such motion shall include the language or boundary description of the proposed amendment.
(2) Within five days of its passage, the recommendation, together with any supporting documentation and maps, shall be forwarded by the chairperson of the GPHPC to the Mayor.
(E) Council consideration of the recommendation of GPHPC to amend the zoning code.
(1) Upon receipt of the recommendation of the GPHPC to approve, deny, or modify the proposed amendment to the zoning code, the Mayor shall set a date for a public hearing on such amendment, which date shall not be greater than 60 days from the date of the receipt of the recommendation.
(2) The text of the GPHPC recommendation and any supporting documentation and maps shall be available for public examination in the same manner, for the same duration, and at the same location as the public examination provided in division (B) herein.
(3) Notice of the hearing shall be given by the Village Clerk in the same manner as required in division (C) herein.
(F) Approval, rejection, or modification of the GPHPC recommendation by Village Council. Within 90 days after the conclusion of the public hearing, Village Council shall:
(1) Approve the recommendation of the GPHPC as presented by the GPHPC by village ordinance with the concurrence of at least a majority of its membership;
(2) Reject the recommendation of the GPHPC as presented by the GPHPC due to the failure of the village ordinance to pass due to the lack of a concurrence of a majority of its membership for its passage;
(3) Approve a modification of the recommendation of the GPHPC, including the approval of an amendment to the zoning code rejected by the GPHPC recommendation, by village ordinance with the concurrence of not less than three fourths of its membership.
(Ord. 2016-46, passed 11-7-16)