(A) The Village Board may from time to time amend, supplement, or change by ordinance the boundaries of districts or the regulations herein established.
(B) A public hearing shall be held by the Village Board, notice of which hearing shall be given by publishing in some daily newspaper of general circulation not more than 30 days nor less than 15 days in advance of such hearing, stating the time and place of said hearing. In case of written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, and filed with the Village Board, such amendment shall not be passed except by the favorable vote of two-thirds of all of the members of the Village Board.
(C) A private individual may request a zoning classification amendment by following the procedures set forth hereinbelow; specifically:
(1) File a completed petition setting forth the name of the petitioner, the common address of the subject property, the tax parcel identification number of the subject property, the legal address of the subject property, the current zoning classification of the subject property, the proposed classification of the subject property, the current use of the subject property, the intended use of the subject property, the present character of the property in the general area of the subject property, and the zoning classification of the property, and the general area, and as a requirement of that petition, the same shall contain a list of names and addresses of all persons to whom the current real estate tax bills are sent as shown on the tax records of the office of the County Assessor, and all persons residing on or in possession of the premises of all lots lying within 150 feet of the property lines of the lot(s) for which the zoning classification amendment is sought, excluding all streets, alleys, and other public rights-of-ways;
(2) Said petition shall be filed with the Village Clerk along with a nonrefundable charge of an amount as set forth in § 35.02 to cover the approximate costs of this procedure. The Clerk shall submit the petition and require documentation to the Board of Trustees for placement on the agenda at their next regularly scheduled meeting;
(3) Prior to that hearing, the petitioner shall publish notice of same in a newspaper of general circulation within the village, not less than 15 days nor more than 30 days in advance of the scheduled hearing date, and shall submit a publisher’s certificate evidencing same to the Village Clerk on or before the hearing date as proof of publication of said notice;
(4) In advance of said hearing, the petitioner shall give notice to all persons to whom current real estate tax bills are sent as shown on the tax records of the office of the County Assessor, and to all persons residing on or in possession of the premises of all lots lying within 150 of the property lines of the lot(s) for which the zoning classification amendment is sought, excluding all streets, alleys, and other public rights-of-ways by certified mail, return receipt requested, not more than 45 days nor less than seven days in advance of the scheduled hearing, and said notice shall include the current address and legal description of the property, and the time, place, and purpose of the hearing;
(5) The petitioner shall file a sworn affidavit with a copy of the notice delivered to owners and occupants within the 150 foot radius set forth hereinabove, showing the names and addresses of all persons to whom notice has been sent with the Village Clerk no less than three days prior to the scheduled hearing date, and in addition thereto, shall submit all certified mail receipts for verification;
(6) Not less than seven days in advance of the hearing date, the petitioner shall post a sign on the property for which the zoning classification amendment is sought in a location that can be easily viewed by the general public notifying the public as to the date, time, location, and purpose of the hearing; and
(7) In the event that the Village Board does not pass such an amendment, there shall be no refund of the deposit in an amount as set forth in § 35.02.
(Prior Code, § 5-2-12) (Ord. passed 1-9-1995)