A. Action By Commission: Upon completion of the public hearing, the Zoning and Planning Commission may consider the petition for action. If the Zoning and Planning Commission recommends approval of a petition by a unanimous vote of all commission members present at the meeting at which the vote is taken, the petition shall automatically be forwarded to the board of trustees for its consideration and action. For purposes of determining whether the vote is unanimous, only a nay vote, and not an abstention, shall cause said vote to be other than unanimous. If the Zoning and Planning Commission recommends approval of a petition by other than a unanimous vote of all commission members present at the meeting at which the vote is taken, or if the Zoning and Planning Commission makes no recommendation as to either approval or denial of the petition, the petition shall not be forwarded to the board of trustees for its consideration and action until after the minutes of the meeting at which said vote was taken are available, even though not yet approved. If the Zoning and Planning Commission recommends denial of the petition, the petitioner may file an appeal to the board of trustees within thirty (30) days of the commission's denial by submitting a letter of request to the village clerk. The hearing before the board of trustees on the appeal may take place as soon as a copy of the minutes of the Zoning and Planning Commission meeting at which the denial of the petition took place is forwarded to the board of trustees, even though not yet approved. If a letter of request is not received by the village clerk as stated above, then the Zoning and Planning Commission decision stands and all proceedings end, unless the petitioner submits a new petition and complies with all requirements of section 2-1-7-1 of this chapter.
B. Records: A copy of every rule or regulation, every amendment and every order, requirement, decision or determination of the commission shall be filed in the office of the village clerk and shall be a public record. Filing of a copy of the corrected minutes of the commission is adequate notice to the village clerk of action by the commission.
C. Review Of Recommendations: Actions of the commission which are subject to review or confirmation by the board of trustees shall be forwarded in a form to be authorized by the board of trustees. No action may be taken by the board of trustees until it has received, in advance of the meeting at which the item is on the agenda, proper information as required by the procedure it has established. When a matter acted upon by the Zoning and Planning Commission is to be heard by the board of trustees, the Zoning and Planning Commission shall be so informed and shall have the right to speak to the matter, for which purpose the chairman of the Zoning and Planning Commission shall designate a member of the commission to serve as spokesman. Where there is significant minority opinion on the Zoning and Planning Commission the minority may also designate a spokesman.
Where significant changes are presented by the petitioner, or agreed to in principle by the board of trustees, the entire matter together with the suggested changes shall be returned to the Zoning and Planning Commission which shall act no later than its second meeting after referral.
D. Limitations: Where the purpose and effect of a proposed amendment to the zoning title are to change the zoning classification or seek a variation in use, the Zoning and Planning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following:
1. Existing uses of property within the general area of the property in question.
2. The zoning classification of property within the general area of the property in question.
3. The suitability of the property in question for the uses permitted under the existing and proposed zoning classification.
4. The trend of development, if any, in the general area of the property in question including changes, if any, which may have taken place since the property in question was placed in its current zoning classification.
5. Relevant history of the property in question. Variations and changes in use or zoning shall be considered for recommendation by the Zoning and Planning Commission when they are in complete harmony with the general purpose and intent of the regulations and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations pertaining to the use, construction or alteration of buildings or structures or the use of land. In its considerations of practical difficulties or particular hardship, the Zoning and Planning Commission shall require evidence that:
a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that district; and
b. The plight of the owner is caused by unique circumstances; and
c. The variation or change, if granted, will not alter the essential character of the locality; and
d. The variation or change, if granted, will not create any violation of the performance standards of the zoning title 1 or the relevant environmental laws of the United States and state.
The Zoning and Planning Commission shall not recommend the adoption of a proposed amendment or a variation unless it finds that the adoption of the amendment or variation is in the public interest and is not solely in the interest of the petitioner.
E. Recommendations Forwarded: Recommendations of the Zoning and Planning Commission, in regard to petitions which do not require a public hearing, shall be forwarded to the village board in the same manner as provided in subsection A of this section relative to petitions which do require a public hearing.
F. Notice Requirements For An Appeal: In the event that a petitioner files a notice of appeal with the village clerk pursuant to subsection A of this section, the village clerk shall schedule said appeal for the first village board meeting occurring at least twenty one (21) days following the filing of said notice of appeal. The petitioner shall be required to serve each individual, who appeared as an objector at the commission hearings on the petitioner's request, with a copy of the notice of appeal and the date of the village board meeting at which said appeal will be heard. For purposes of determining who is entitled to said notice, the petitioner shall only be required to notify those objectors whose names and addresses appear in the records of the commission relative to the petitioner's request. The petitioner on appeal shall be required to furnish an affidavit setting forth the names and addresses of the persons who appeared as objectors at the proceedings before the commission. The form of said affidavit shall be supplied by the department of Community Development. Said affidavit shall state that written notice of the appeal request has been personally served upon the persons named in said affidavit at least seven (7) days prior to the date upon which the village board is to hear said appeal request, or that said notices have been mailed to said persons at least fourteen (14) days prior to the date upon which the village board is to hear said appeal request. Where such service is by the United States mail, same shall be by certified or registered mail with return receipt requested and a copy of said receipt shall be affixed to the affidavit and made a part thereof. The affidavit shall be determined to be proper by the village attorney before proceeding on the appeal. (Ords. 93-9-24, 94-21-97, 98-9-41, 12-15-50, 19-16-66)
The board of trustees shall not act upon a proposed amendment to the zoning title unless and until it has received a written report and recommendation from the Zoning and Planning Commission on the proposed amendment or variation, consistent with subsection 2-1-7-3E of this chapter.
In cases where the Zoning and Planning Commission recommends that a proposed variation or amendment not be adopted, such amendment or variation shall not be passed except by the favorable vote of four (4) concurring trustees.
If an application for a proposed amendment or variation is not acted upon finally by the board of trustees within sixty (60) days of the time of receipt of the recommendations of the Zoning and Planning Commission, the application shall be deemed to have been denied.
If a petition is approved by the board of trustees, the following time limits are allowed for the petitioners to take out permits or otherwise proceed with the activity approved by the board of trustees, otherwise the approval is null and void.
A. Petitions requiring a public hearing per section 2-1-7-1 of this chapter, except rezonings: One year.
B. Planned unit development: One year.
C. Planned office and commercial buildings: One year.
D. Subdivisions and/or variations in lot sizes: One year.
E. Special petitions: Six (6) months.
F. All other petitions not covered elsewhere: Six (6) months. (Ords. 93-9-24, 19-16-66)
Notes
| 1 | 1. See section 4-8-8 of this Code. |