(A) The Village Council may, from time to time, amend by ordinance the number, shape or area of districts established on the zoning map or regulations set forth in this chapter; but no such amendment shall become effective unless the ordinance proposing the amendment shall first be submitted in writing by the Clerk of Council to the Village Planning Commission for approval, disapproval or recommended modifications and the Commission shall have been allowed a reasonable time, not less than 30 days, and not more than 45 days, for consideration and report. The Council shall hold a public hearing before the adoption of the proposed amendment. Any person or persons desiring an amendment of the zoning map shall accompany the petition for such amendment of the ordinance introduced for this purpose, with a statement giving the names and addresses of the owners of all properties within 500 feet of any part of the property, the zoning of which would be changed by the proposed amendment if enacted. At least 30 days notice of such amendment, and of the time and place of the hearing thereon shall be given to such owners. The notice shall include a statement that opportunity will be afforded to any person interested to be heard. All applications for a zoning change shall include:
(1) Evidence that the existing zoning ordinance is unreasonable with respect to the particular property, and it deprives the property owner of his lawful and reasonable use of the land; and/or
(2) Evidence that the proposed amendment would materialize in an equal or better zoning ordinance than that existing.
(3) For purposes of this chapter, a limitation upon financial gain from the land in question shall not constitute unreasonable zoning.
(B) Any person or persons desiring an amendment of the zoning map shall pay all costs incurred by the Planning Commission and the village in connection with the application for amendment including, but not limited to legal fees, costs of notices, advertising, and secretarial charges. As described in § 152.066, any application for amendment shall be accompanied by a non-refundable deposit in an amount specified by the village in a Council Resolution to cover such costs.
(C) Any person or persons desiring an amendment of the zoning map or text of the zoning ordinance whose application is denied by Village Council and fails to exhaust any other legal remedies that may be available to that person or persons, shall be barred from making application for the same amendment for the period of one year, unless the application contains substantial changes in the use of the real property at issue and/or the scope of the proposed amendment.
(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1994-O-17, passed 7-14-94)