(a) Anyone requesting Council to vacate a street or alley or change the name of a street shall file a petition with the Zoning Inspector on the appropriate form provided by the Village and accompanied by the required fee. All applications for vacating or changing the name of a street or alley 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 action.
(3) List the names and addresses of the owners of all land abutting the subject street or alley.
(4) A fully dimensional drawing shall be submitted showing the land which would be affected.
(5) The changed or changing conditions in the area or in the municipality that make the proposed vacation or name change reasonably necessary to the promotion of the public health, safety and general welfare.
(6) Any other information that the Zoning Inspector or the Planning Commission may require.
(Ord. 2018. Passed 10-12-04.)
(7) 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, shall review the application for completeness and, if complete, refer the proposed petition to the Commission for study and report. The Commission shall set the proposed for 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 action. The hearing before the Planning Commission shall not be sooner than ten (10) days after the last publication.
(2) If there are ten (10) or fewer parcels abutting the street or alley then, in addition to the newspaper notices, notice shall be sent to each of the abutting property owners. 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.
(3) If all of the abutting property owners join in the petition or consent to the proposed action, 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 action and file such report with the Clerk of Council. The report shall be filed within 60 days of the filing of the petition.
(e) Council - Public Hearing.
(1) At the next Council meeting after the petition is filed with Council, Council, shall set a public hearing and 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 action. The hearing before Council shall not be sooner than ten (10) days after the last publication.
(2) If there are ten (10) or less abutting parcels then, in addition to the newspaper notices, notice shall be sent to all of the abutting property owners. 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 vacation or name change.
(f) 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 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 street or alley vacation or to change the name of any street because of a procedural error in the adoption of the vacation or change of name of any street shall be brought more than two years after the adoption of the ordinance vacating the street.
No action alleging procedural error in the action of the Planning Commission in the granting of any variance or conditional use certificate shall be brought more than two years after the variance or certificate was granted.
(Ord. 2018. Passed 10-12-04.)