(a) Petition for Amendment. Council, the Plan Commission, other governmental bodies and any
private petitioner may apply for an amendment of the text of this Zoning Code and of the Zoning Map. A petition for an amendment by a private party shall be filed with Council, in care of the Village Clerk, and shall be accompanied by a filing fee established by Council. Such fee shall be deposited with the Village Treasurer within fifteen days after the receipt thereof, and no part is returnable to the petitioner.
The petition of amendment shall state the amendment requested, the location and ownership if a specific property is involved, and the reasons for the request.
(b) Review of Petition.
In reviewing a petition involving the rezoning of land, the Commission shall consider the following factors:
(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 to the uses permitted under the existing and proposed classifications;
(4) 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 date the property was placed in its present zoning classification;
(6) The frontage and square footage of the land involved and whether or not it adjoins a parcel of land which bears the same zoning district classification as the proposed amendment.
(c) Review and Notice. All requests for zoning text amendments and zoning map amendments shall be reviewed by Village staff for completeness, and then forwarded in a timely manner to the Plan Commission, who shall consider said request at a public hearing, and make recommendations to the applicant and to the Village Council, who shall approve or deny said request. The notices and public hearing procedures shall conform to Section 1262.10 of the Village Code.
(d) Written Protest. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3rds) of the Commissioners then holding office. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendments and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.
(e) Final Decision. Council, without further public hearing, may approve or reject and overturn the recommendation of the Commission relative to a proposed amendment, or may refer the petition back to the Commission for further consideration.
(Ord. 2010-06. Passed 2-8-10; Ord. 2017-13. Passed 4-24-17.)