(a) Amendments to this Zoning Code may be initiated in one of the following ways:
(1) By the adoption of a motion by the Planning Commission.
(2) By the adoption of a resolution by the Village Council.
(3) By the filing of an application by at least one (1) owner or lessee of property within the area proposed to be changed or affected by said amendment.
(b) The Council may from time to time, on its own motion or petition, after public notice and hearing, amend the provisions hereof. Every such proposed amendment shall be referred by the Council to the Planning Commission for a report. Any such amendment that has failed to receive the approval of the Planning Commission shall not be passed by Council except by a three-fourths vote of the members elected to Council.
(Ord. 2017-49. Passed 12-5-17.)
(a) Applications for amendments to the Official Zoning Map adopted as part of this Code shall contain at least the following information:
(1) The name, address and phone number of applicant.
(2) Proposed amending ordinance, approved as to form by Village Law Director.
(3) A statement of reason(s) for the proposed amendment.
(4) Current use.
(5) Current zoning district.
(6) Proposed use.
(7) Proposed zoning district.
(8) A vicinity map at a 1:1 scale approved by the Building Commissioner showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Building Commissioner may require.
(9) A list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case, except that addresses need not be included where more than ten (10) parcels are to be rezoned.
(10) A statement on the ways in which the proposed amendment relates to the comprehensive plan.
(11) A fee as established by the Village Council.
(Ord. 2017-49. Passed 12-5-17.)
Applications for amendments proposing to change, supplement, amend or repeal any portion(s) of this Code, other than the Official Zoning Map, shall contain at least items (1), (2), (3), (9), and (11) listed above in Section 1121.02(a).
(Ord. 2017-49. Passed 12-5-17.)
(a) Transmittal to the Planning Commission. Immediately after the adoption of a resolution by the Village Council or the filing of an application by at least one (1) owner or lessee of property, said resolution or application shall be transmitted to the Planning Commission.
(b) Recommendation. Within sixty (60) days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to the Village Council. The Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied. The written decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based.
(Ord. 2017-49. Passed 12-5-17.)
Upon receipt of the recommendation from the Planning Commission, Village Council shall schedule a public hearing. Said hearing shall be not more than sixty (60) days from the receipt of the recommendation from the Planning Commission.
(Ord. 2017-49. Passed 12-5-17.)
(a) Newspaper. Notice of the public hearing required shall be given by Village Council by at least one (1) or more newspapers of general circulation in the Village. Said notice shall be published at least fourteen (14) days before the date of the required hearing. The published notice shall set forth the time and place of the proposed amendment and a summary of the proposed amendment.
(b) Property Owners. Written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least fourteen (14) days before the day of the public hearing to all owners of property within two hundred (200) feet, including such properties to be contiguous to, and directly across the street from such area proposed to be rezoned or redistricted, to the addresses of such owners appearing on the County Auditor's current tax list and to such other list or lists that may be specified by Village Council. The failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified above in subsection (a) hereof. (Ord. 2017-49. Passed 12-5-17.)
1121.06 VILLAGE COUNCIL ACTION.
Within thirty (30) days after the required public hearing, the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event of a denial or modification of less than three-fourths votes, the recommendation of the Planning Commission shall be considered as approved. No such ordinance shall be passed unless it has been fully and distinctly read on three different days except that such ordinance may become emergency legislation if three-fourths of the members of Village Council vote to dispense with the three-reading rule and pass in emergency.
(Ord. 2017-49. Passed 12-5-17.)
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