The Planning, Zoning and Development Commission shall have in addition to the powers and duties set forth in § 159.166, the authority and responsibility to hear and report findings and recommendations to the President and Village Board of Trustees on all applications for amendments and special use permits in the manner prescribed by the following standards and other regulations set forth herein:
(A) Initiation of amendment. Amendments may be proposed by the President or the Village Board of Trustees, the Planning, Zoning and Development Commission, or any property owner.
(B) Processing application for amendment.
(1) An application for an amendment shall be filed with the Village Clerk. The application shall be accompanied by such plans or data, and such other information, as specified by the Planning, Zoning and Development Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards of the village ordinances and as set forth herein. Copies of such application shall be forwarded by the Village Board to the Planning, Zoning and Development Commission with the request to hold a public hearing.
(2) Notices.
(a) The Planning, Zoning and Development Commission shall give notices of the public hearings to the applicant and to the owners or occupants of other properties which may be affected as determined by the Planning, Zoning and Development Commission.
(b) All notices shall be in writing and shall give time, place, and purpose of such hearing and shall he mailed not more than 30 days, nor less than 15 days, in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the tax assessor's rolls and with sufficient postage affixed thereof, with return receipt requested.
(3) Publication. The Planning, Zoning and Development Commission shall cause a notice of time, place, and purpose of such hearing to he published in a newspaper of general circulation within the village not more than 30 days nor less than 15 days in advance of such hearing.
(4) Hearing on application. Upon receipt in proper form of the application and statement referred to above, the Planning, Zoning and Development Commission shall hold at least one public hearing on the proposed amendment. However, the Planning, Zoning and Development Commission may continue from time to time the hearing without further notice being published.
(5) Findings of fact and recommendation of the Planning, Zoning and Development Commission. Within 45 days after the close of the hearing on a proposed amendment, the Planning, Zoning and Development Commission shall make written findings of fact and shall submit same, together with its recommendations to the President and Village Board of Trustees. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning, Zoning and Development Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(a) Existing uses of property within the general area of the property in question;
(b) The zoning classification of property within the general area of the property in question;
(c) The suitability of the property in question to the uses permitted under the existing zoning classification; and
(d) The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification.
(C) Decisions.
(1) The Planning, Zoning and Development Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested.
(2) A concurring vote of a majority of those voting members present at the meeting shall he required to recommend granting or denying an application for an amendment.
(3) Report to the Village Board shall contain number present and number of votes for or against the motion.
(D) Action by the President and Village Board of Trustees.
(1) The President and Village Board of Trustees, upon receiving the recommendations of the Planning, Zoning and Development Commission, may grant or deny any proposed amendments in accordance with applicable state statutes, or may refer to the Planning, Zoning and Development Commission for further consideration.
(2) If an application for a proposed amendment is not acted upon finally by the Village Board within six months of the date upon which such application is received by the President and Village Board of Trustees, it shall he deemed to have been denied.
(E) Fees. A fee in the sum of $150 shall accompany all petitions for zoning amendments and use permits. Such fee shall he paid to the Village Clerk who shall give a receipt therefore, and account therefor to the Village Board.
(Ord. 95-06, passed 4-10-95)