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(a) Procedure and Regulations for Adopting and Amending Zoning Code. Before this Zoning Code, or any amendments thereto, may be adopted or passed, the Council shall hold a public hearing thereon, and shall give at least thirty days notice of the time and place thereof in a newspaper of general circulation in the Village. Whenever an amendment to this Zoning Code intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk-Treasurer of the Village by first class mail, at least twenty 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 of the County Treasurer’s mailing list and to such other list(s) that may be specified by the Council. The failure of delivery of such notice shall not invalidate any such zoning ordinance. During such thirty days the text or copy of the text of such zoning ordinance, together with the maps or plans or copies thereof forming part of or referred to in such zoning ordinance, and the maps, plans, and any reports submitted by the Planning Commission, Board of Zoning Appeals or Zoning Inspector, shall be on file, for public examination, in the office of the Clerk-Treasurer of the Village of in such other office as is designated by the Council. No such zoning ordinance which violates, differs from or departs from the plan or report submitted by the Commission, the Board or the Zoning Inspector shall take effect unless passed or approved by not less than three-fourths of the membership of the Council. No such zoning ordinance which is in accordance with the recommendation, plan, or report submitted by the Commission, the Board or the Zoning Inspector shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to the Council.
(b) Initiation of Amendment to Rezone.
(1) Amendments or supplements to this Zoning Code may be initiated by:
A. Motion of the Planning Commission.
B. Application of one or more owners or lessees of property within the area to be changed.
C. By passage of a resolution by the Village Council.
(2) All zoning amendments or supplements not initially made by the Village Planning Commission shall be referred to the Planning Commission for review and recommendation to Council before
any action is taken by Council. If no recommendation is received by Council within thirty days, Council may proceed without a recommendation from the Planning Commission if it so desires.
(3) To be approved, applications for amendments should meet at least one of the following conditions:
A. The request is in accordance with or would result in greater conformity with the Village's Land Use Plan.
B. There is currently insufficient land throughout the Village zoned for the particular district to meet the current and anticipated future demands.
C. There has been a substantial change in the area's condition which has rendered the original zoning obsolete.
D. Other situations which indicate that such a zoning change would be appropriate for the overall health, safety, and welfare of the Village.
(c) Fee for Zoning Amendment; Special Studies. There shall be a fee of twenty dollars ($20.00) for zoning amendments, due at the time of application, to cover the cost of advertising and other expenses. The application and fee shall be presented to the Zoning Inspector. The fee shall not be refunded unless the applicant removes such application prior to any advertising. In addition, the fee shall not be refunded if the application is denied. The fee shall not apply to any amendment initiated by the Planning Commission or Council. When the Council finds it necessary to require special studies to be made, the applicant may be required to provide such special studies as a part of the application and bear the cost of such studies.
(Ord. 19-83. Passed 44-83; Ord. 75-96. Passed 11-18-96.)