The regulations and standards, classifications, restrictions, and district boundaries set forth in this title may from time to time be amended, supplemented, changed, or repealed by ordinance as provided by law. No such action may be taken unless and until:
(A) Submission Of Application/Notice Of Hearing: A written application is submitted to the zoning board. Such application may be initiated by the village board, zoning board, or any person, firm, organization, partnership, or corporation having a freehold interest in a parcel of property, or a possessory interest entitled to exclusive possession (with the concurrence of the person holding the freehold interest), or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is otherwise specifically enforceable. When a land trust is proposing such amendment, the application must set forth the names of owners of all benefiting interests in the land trust.
Each application shall be submitted with all necessary supporting documentation, including a map or diagram with measurements and specifications when appropriate, to the zoning officer at least twenty one (21) days prior to the zoning board meeting at which the application will be considered by the zoning board. Further, such application must be accompanied by the applicable fees and costs, except when the application is initiated by the village board or the zoning board.
The zoning amendment application form shall be available at the village hall during regular business hours or from the zoning officer. The zoning amendment application shall be in a form as established by the zoning board. The zoning officer shall provide a copy of the application and supporting materials to each zoning board member at least seven (7) days prior to the zoning board meeting when the application will be considered.
Upon receipt of the application, the zoning officer shall set the public hearing on the application on the agenda for the next appropriate zoning board meeting. The zoning officer shall assist the applicant in causing notice of the hearing to be published at least once, not more than thirty (30) days and not less than fifteen (15) days before the hearing, in the "Woodford County Journal", Roanoke-Benson edition, which is circulated in the village of Roanoke. The notice shall set forth the date, time, and place of this hearing, and shall include a description of the amendment and the location of the property when applicable. The applicant shall pay the publication cost for this notice.
If the applicant seeks a change in the zoning map or the zoning classification for a specific parcel of property, the applicant shall additionally provide notice of the public hearing to all property owners located within two hundred fifty feet (250') of the subject property for which the amendment is being requested. This notice shall be personally served on said property owner. If personal service cannot be made on a particular property owner, this notice may be mailed to the property owner by certified mail, return receipt requested.
If an applicant or other interested party requests a special meeting of the zoning board to review an application for a zoning amendment or to hold a public hearing thereon, then the cost of said special meeting shall be paid by such requesting person except when such applicant is the village board or zoning board. This cost shall include the salary of each zoning board member and the zoning officer for attending the special meeting.
(B) Hearing Procedures:
1. The chairman (or acting chairman) of the zoning board shall announce the public hearing on the proposed zoning amendment.
2. A summary of the zoning amendment shall be provided to the zoning board and the public by the chairman of the zoning board or his designee, which shall include whether proof of publication of the notice for the hearing has been provided and a brief description of the proposed zoning amendment and the property if a change in the zoning map or the zoning classification is being requested.
3. The applicant for the zoning amendment shall then be permitted to describe the requested zoning amendment and provide any evidence, including testimony of witnesses, to support the proposed zoning amendment.
4. At the conclusion of the presentation of the proposed zoning amendment by the applicant, the chairman shall allow public comment, including evidence and testimony from any opposition to the zoning amendment. Furthermore, any parties opposing the proposed zoning amendment shall be allowed to cross examine any testimony provided by the applicant, and the applicant may likewise cross examine any testimony provided by the opposing party. The chairman may limit opposing parties to one or more representatives during the hearing when appropriate for the proper and efficient conduct of the meeting.
5. During the presentation of evidence and comment in support of or against the proposed zoning amendment, the chairman may allow zoning board members to also ask questions or make comment as the chairman determines to be appropriate.
6. At the conclusion of the presentation of evidence and comment in support of or against the proposed zoning amendment, the chairman shall allow the zoning board to further discuss and deliberate on the decision to recommend approval or disapproval of the zoning amendment.
7. The chairman, or the acting chairman, of the zoning board shall administer oaths to all witnesses testifying at the hearing and may compel attendance of witnesses at the hearing.
8. The zoning board may, by majority vote, postpone or adjourn from time to time any public hearing on the application for zoning amendment. In the event of such postponement or adjournment, further publication of such action need not be made. Furthermore, if the zoning board does postpone or adjourn the public hearing, no additional costs shall be assessed against the applicant or other interested party for any subsequent meetings.
(C) Zoning Board Action: The zoning board shall make a report to the village board on the application for zoning amendment and the public hearing held to review the proposed zoning amendment. The zoning board shall make a recommendation to the village board on the special use request upon the concurring vote of a majority of the zoning board members present provided a quorum exists to conduct the hearing. Within thirty (30) days after the close of the public hearing on an application for zoning amendment, the zoning board shall make their report and recommendation to the village board. The zoning board may make revisions to the zoning amendment in order to protect the neighboring properties or the public health, safety, and welfare, or to otherwise carry out the general purposes and intent of this title.
(D) Village Board Action:
1. Zoning Board Report: The village board shall not act upon an application for zoning amendment until the village board has received the written report and recommendation from the zoning board.
2. Evaluation Of Zoning Amendment Application: As provided herein, the village board shall not be bound by the findings or recommendations of the zoning board. Accordingly, the village board may make findings of fact different from the zoning board's findings based upon the evidence received at the public hearing in front of the zoning board. Also, the village board may further discuss the positions of the applicant and any opposing parties with these parties during their evaluation of the application for zoning amendment.
3. Adoption Of Recommendation: The village board may adopt the recommendation of the zoning board on a proposed zoning amendment upon the concurring vote of a majority of all village board members. However, the village board can only take action that is adverse to the zoning board's recommendation on a proposed zoning amendment by a favorable vote of two-thirds (2/3) of all village board members.
4. Approval Of Revisions To Zoning Amendment: The village board may approve revisions to the proposed zoning amendment in order to protect the neighboring properties or the public health, safety, and welfare, or to otherwise carry out the general purposes and intent of this title.
5. Written Protest Or Opposition To Zoning Amendment: If a written protest or petition against any proposed change in the zoning map or the zoning classification for a specific parcel of property zoning amendment is:
(a) Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel; or
(b) Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel immediately adjoining or across an alley from the frontage; or
(c) Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel directly opposite from the frontage;
and properly filed with the village clerk pursuant to this section, the proposed zoning amendment shall not be approved except by the favorable vote of two-thirds (2/3) of all village board members. In order to properly file a written protest or opposing petition, a person must submit the written protest or opposing petition to the zoning officer prior to the public hearing being held by the zoning board to review of the application for zoning amendment, with a copy also being provided to the village clerk at that time. This provision shall supersede any other voting requirements established by this chapter. (Ord. 2004-16, 9-7-2004)