(a) Application. Applications for amendments to this Zoning Ordinance shall be filed with the Zoning Inspector on the appropriate form provided by the Village and accompanied by the required fee. All applications for amendments to this Ordinance shall contain the following:
(1) The applicant’s name, address and interest in the application as well as the legal or equitable interest in the land.
(2) The nature and effect of the proposed amendment.
(3) If the proposed amendment would require a change in the Zoning Map, a zoning classification of the land, the names and addresses of the owners of all land and the legal descriptions of their land within the area to be rezoned. Also, a fully dimensional drawing shall be submitted showing the land which would be affected, the zoning classification of all abutting districts, all public and private rights-of-way and easements bounding and intersecting the land under consideration, and the location of all existing and proposed buildings.
(4) If the proposed amendment will correct an alleged error, a detailed explanation of such alleged error and detailed reasons and how the proposed amendment will correct the same.
(5) The changed or changing conditions in the area or in the municipality that make the proposed amendment reasonably necessary to the promotion of the public health, safety and general welfare.
(6) All other circumstances, factors and reasons which the applicant offers in support of the proposed amendment.
(7) If the parcels to be rezoned or redistricted are ten (10) or less, a list of the names and addresses of all of the property owners owning property abutting the land being rezoned including properties across the street.
(8) Any other information that the Zoning Inspector or the Planning Commission may require. (Ord. 2017. Passed 9-27-04.)
(9) A non-refundable filing fee in the amount set by Council as shown on the current fee schedule in the office of the Clerk of Council.
(Ord. 2208. Passed 10-24-16.)
(b) Receipt of Application. The Zoning Inspector, upon receipt of an application to amend the Zoning Ordinance, shall review the application for completeness, and if complete, refer the proposed amendment to the Commission for study and report. The Commission shall review the proposed amendment and hold a public hearing in accordance to subsection (c) below.
(c) Public Hearing - Notice.
(1) The Planning Commission, or the Planning Commission through the Zoning Inspector, shall publish a notice of public hearing once a week for two consecutive weeks in a newspaper of general circulation in the Village, stating the time and place of such hearing, and the substance of the proposed amendment. The hearing before the Planning Commission shall not be sooner than ten (10) days after the last publication.
(2) If the land to be rezoned consists of ten (10) or fewer parcels, then in addition to the newspaper notices, notice shall be sent to all property owners within the area to be rezoned and to all property owners abutting the area to be rezoned including those across the street or alley. Such notice shall be mailed or delivered to the owner personally or posted on the property not less than ten (10) days before the hearing. Where there are multiple owners of a single parcel, it shall be sufficient to name all of the owners on one notice and send it to the address of one of them. Addresses of owners of property may be taken from the County Auditor’s tax list, the Treasurer’s mailing list, Village utility list, and Village income tax lists, or a combination thereof, or such other lists as Council may determine. No failure of any property owner to receive notice shall affect the validity of the amendment.
(3) If all of the property owners within the area to be rezoned and all of the abutting property owners join in the petition or consent to the proposed amendment, the Planning Commission may waive the public hearing and make its recommendation to Village Council.
(d) Commission Recommendation. Following the public hearing, or after the hearing is waived, the Commission shall prepare a report and its recommendations regarding the proposed amendment, and file such report with the Clerk of Council. The report shall be filed within 60 days of the date of the filing of the petition.
(e) Council - Public Hearing.
(1) Council shall publish a notice of public hearing once a week for two consecutive weeks in a newspaper of general circulation in the Village, stating the time and place of such hearing, and the substance of the proposed amendment. The hearing before Council shall not be sooner than ten (10) days after the last publication.
(2) If the land to be rezoned consists of ten (10) or fewer parcels, then in addition to the newspaper notices, notice shall be sent to all property owners within the area to be rezoned and to all property owners abutting the area to be rezoned including those across the street or alley. Such notice shall be mailed or delivered to the owner personally or posted on the property not less than ten (10) days before the hearing. Where there are multiple owners of a single parcel, it shall be sufficient to name all of the owners on one notice and send it to the address of one of them. Addresses of owners of property may be taken from the County Auditor’s tax list, the Treasurer’s mailing list, Village utility lists, and Village income tax lists, or a combination thereof, or such other lists as Council may determine. No failure of any property owner to receive notice shall affect the validity of the amendment.
(f) Council Action. If the ordinance to amend intends to rezone or redistrict ten (10) or less parcels of land as listed on the tax duplicate, written notice of the hearing shall be served in the manner set forth in the section pertaining to Planning Commission notices in the preceding sections. During the time prior to the hearing, the application and attendant documents, together with the proposed ordinance as soon as it is prepared, shall be on file for the public examination in the office of the Clerk of Council. No such ordinance which differs substantially or departs from the plan or report submitted by the Commission, shall take effect unless passed or approved by not less than three quarters of the members of Council. No ordinance which is in accordance with the recommendation, plan or report submitted by the Commission shall be deemed to pass or take effect without the concurrence of at least the majority of the members elected to Council.
(g) No action challenging the validity of a zoning ordinance or regulation or any amendment to such ordinance or regulation because of a procedural error in the adoption of the ordinance, regulation or amendment shall be brought more than two years after the adoption of the ordinance, regulation or amendment.
No action alleging procedural error in the actions of the Planning Commission in the granting of the zoning variances or conditional use certificates shall be brought more than three years after the variance or certificate was granted.
(Ord. 2017. Passed 9-27-04.)