(A) Amendments or supplements to the zoning ordinance may be initiated by motion of the Village Planning Commission, by the passage of an ordinance therefor by the Village Council, or by the filing of an application therefor by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Village Planning Commission. The Village Council shall, upon the passage of such ordinance, immediately certify it to the Village Planning Commission.
(B) Applications for any change of district boundaries or classifications of property as shown on the zoning district map shall be submitted to the Commission, at its public office, upon such forms, and shall be accompanied by such data and information, as may be prescribed for that purpose by the Commission, so as to assure the fullest practical presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all the facts and information presented with the applications. Applications for amendments initiated by the Commission shall be accompanied by its motion pertaining to such proposed amendment.
(C) Any person or persons desiring a change in the zoning classification of property shall file with the application for such change, a statement giving the names and addresses of the owners of all properties within and contiguous to and directly across the street from any part of the property the zoning classification of which is proposed to be changed.
(D) No such amendment or change shall become effective unless the proposed amendment or change is first considered for its approval, disapproval, or recommendation by the Planning Commission. The Commission shall be allowed a reasonable time, to be not less than 30 days after referral or submittal, for consideration and report.
(E) The Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested, in the application, or it may recommend that the application be not granted. These recommendations shall then be certified to the Village Council. Failure to file such report within 60 days after referral or the time otherwise provided, shall be accepted as and be deemed an approval of the proposed change or amendment submitted.
(F) Within 30 days after receiving from the Commission the certification of said recommendations on the proposed amendment, and before adoption of such amendment, the Village Council shall schedule a public hearing thereon. It shall publish notice of the time and place of such hearing in a newspaper of general circulation in the village, adequately describing the nature of the pending legislation, once a week for two consecutive weeks on the same day of the week, the first of such publication to take place not less than 30 days prior to the public hearing. The notice shall state the place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined and other notices as required by state statutes.
(G) If the proposed amendment or supplement intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Village Clerk, by first class mail, at least 20 days before the date of the public hearing to all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor’s current tax list or the Village Clerk- Treasurer’s mailing list. The failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder; it being the intention of this section to provide, so far as may be possible, due notice to persons substantially interested in the proposed change that a proposed amendment is pending before the Village Council proposing to make a change in the zoning district map or the regulations set forth in this chapter.
(H) After holding the public hearing, the Village Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the ordinance or zoning district map. No such ordinance, measure, or regulation which violates, differs from, or departs from the plan or report submitted by the Commission shall take effect unless passed or approved by not less than three-fourths of the membership of Council. No ordinance, measure, or regulation 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 a majority of the members elected to the Village Council.
(I) If a proposed amendment or supplement initiated by application is disapproved by the Village Council, another application for amendment or supplement affecting the property included in the disapproved application shall not be submitted within six months from the date of disapproval, except with a statement by the Planning Commission or a resolution by the Village Council, indicating that the changed or changing conditions affecting the land are sufficient to warrant reconsideration.
(Ord. 1141, passed 9-1-1998)