(A) By ordinance. Whenever the public necessity or other good cause is shown, the Council may by ordinance, after holding a public hearing, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this chapter.
(B) Initiation. Amendments or supplements to the Waterfront Planning Chapter may be initiated as follows:
(1) By motion of the Village Planning Commission;
(2) By motion of a majority of the members of the full Village Council and certification of same to the Village Planning Commission; or
(3) By the filing of an application by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Village Planning Commission.
(C) Application.
(1) Applications initiated by private owners or lessees for any change of district boundaries or reclassification of districts as shown on the zoning map shall be filed with the Planning Commission upon forms prescribed by the Commission and accompanied by such data and information prescribed for that purpose by the Commission.
(2) Written application shall be made to the Planning Commission, or its authorized agent.
(3) Accurate information shall be supplied by the applicant with regard to the size and location of the lot, the size and location of buildings and structures proposed and existing on the lot, the dimensions of all yards and open spaces and other information necessary for the enforcement of this chapter.
(D) Fees. A fee as established by Village Council shall be paid to the village upon the filing of each application for change of district classification, except actions initiated by the Planning Commission or Village Council.
(E) Action by the Planning Commission.
(1) (a) Upon receipt of the application, upon motion of the Village Council, or upon their own motion, the Planning Commission shall have 45 days to act on the motion or application.
(b) Such action shall be taken at a regularly scheduled meeting of the Planning Commission that is open to the public.
(c) At such meeting, a majority of the full Planning Commission shall determine what recommendation should be made to the Village Council.
(d) The Commission shall study the proposed change in the terms of the public necessity, convenience, general welfare and good waterfront planning practice.
(e) If no majority of the Planning Commission can be obtained, then the recommendation will be deemed as opposed to the application or motion.
(2) The Commission shall keep minutes of its proceedings showing the vote of each question and shall keep records of its examinations and other official action, all of which shall be filed in the office of the Clerk of the Village Council and shall be a public record.
(F) Commission recommendation to Council. The Planning Commission shall, within ten days after determining its recommendation, recommend the approval or denial of the proposed amendment or supplement, or the approval of some modification thereof in writing to the Clerk of the Village Council.
(G) Public hearing by Council.
(1) Within 14 days of the receipt of the recommendation of the Planning Commission, the Clerk of the Village Council shall set forth the recommendation of the Planning Commission in ordinance form and schedule a public hearing.
(2) At this public hearing, the ordinance representing the recommendation of the Planning Commission shall be introduced and given its first formal reading.
(H) Action by Council.
(1) The Village Council shall either adopt or deny the ordinance, or adopt some modification thereof within 65 days of the first reading of the ordinance or any modification thereto.
(2) (a) In the event the Village Council modifies the recommendation of the Commission, an affirmative vote of at least three-fourths of the full Village Council shall be required to enact such modification.
(b) The affirmative vote of at least a majority of full Council shall be required to adopt any recommendation of the Planning Commission.
(c) Any recommendation that does not receive at least an affirmative majority vote of full Council shall be deemed denied and rendered ineffective.
(d) No such ordinance shall be passed unless it has been read on three different days except that such ordinance may become emergency legislation if the Village Council votes to dispense with this rule.
(Ord. 20, 1991, passed 11-11-1991; Am. Ord. 3, 2006, passed 2-9-2006; Am. Ord. 6, 2007, passed 5-10-2007)