(A) Authority of Village Commission. Whenever the public necessity, general welfare or good zoning practice requires, the Village Commission may, by ordinance, after receipt of a recommendation thereon from the Planning and Zoning Board and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this chapter or amendments thereof.
(B) Initiation of zoning amendments. Amendments to this chapter may be initiated in one of the following ways:
(1) By referral of a proposed amendment to the Planning and Zoning Board by the village Commission;
(2) By the adoption of a motion by the Planning and Zoning Board submitting the text of a recommended amendment to the Village Commission; or
(3) By the filing of an application, by at least one owner or lessee of property, or his or her designated agent, within the area proposed or affected by the said amendment.
(C) Contents of application. An application for amendment shall be transmitted by the applicant to the Zoning Inspector and shall contain the following information:
(1) Name, address and phone number of the applicant;
(2) Proposed amendment to the text or legal description of the property affected;
(3) Present and proposed use and district;
(4) A map showing property lines, streets, existing and proposed zoning, and such other items as the Zoning Inspector may require;
(5) A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the County Auditor’s current tax list The requirement for addresses may be waived when more than ten parcels are proposed to be rezoned;
(6) A statement as to how the proposed amendment will impact adjacent and proximate properties;
(7) Any other information as may be requested by the Zoning Inspector to determine conformance with, and provide for enforcement of this zoning chapter; and
(8) A fee as established by the Village Commission.
(D) Recommendation by Planning and Zoning Board.
(1) Upon referral of the proposed ordinance by the Village Commission, or the filing of an application by at least one owner or lessee of the property, or its designated agent, said proposed amendment or application shall be transmitted to the Planning and Zoning Board.
(2) Within 60 days after the first regular meeting of the Planning and Zoning Board after the receipt of the proposed amendment, the Planning and Zoning Board shall recommend to Village Commission that the amendment be approved as requested, or it may recommend that the amendment be denied. In formulating such recommendation, the Planning and Zoning Board may seek input from interested parties in the form of hearings, meetings or other methods.
(E) Action by Village Commission.
(1) Public hearing. Before the proposed ordinance may be passed, the Village Commission shall hold a public hearing, and shall give at least 30 days’ notice of the time and place thereof in a newspaper of general circulation in the village. If the proposed ordinance intends to remove or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Clerk of the village, by first-class mail, at least 20 days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the County Auditor’s current tax list. The failure of delivery of such notice shall not invalidate such proposed ordinance.
(2) Display of relevant materials. During such 30 days, the text or copy of the text of the proposed ordinance, together with maps, plans and reports submitted by the Planning Commission shall be on file, for public examination, in the office of the Clerk of the village.
(3) Action by Village Commission. No such ordinance which is in accordance with the recommendation submitted by the Planning and Zoning Board shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the Village Commission. No such ordinance which violates, differs from or departs from the recommendation submitted by the Planning and Zoning Board shall take effect unless passed or approved by not less than unanimous vote of the membership of the Village Commission.
(4) Criteria. In reviewing the proposed amendment and arriving at its decision, the Village Commission shall consider the following factors:
(a) Compatibility of the proposed amendment with the zoning and use of adjacent land, and with any land use/comprehensive plans adopted by the village;
(b) The effect of the adoption of the proposed amendment on motor vehicle access, traffic flow storm drainage and public infrastructure in the area; and
(c) The effect of the adoption of the proposed amendment upon the public health, safety and general welfare of the adjacent properties and other residents of the village.
(5) Effective date and referendum. Such amendment adopted by the Village Commission shall become effective 20 days after the date of its final passage, subject to referendum procedures as specified in the Village Charter.
(6) Incorporation onto zoning map. If an amendment adopted by Village Commission or approved by referendum pertains to a change on the official zoning map, such change shall be incorporated onto the map by reference to the ordinance number and the date of adoption.
(Ord. 97-5, passed 8-4-1997)