(A) Authority. The Village Board may from time to time amend, supplement or change by ordinance the boundaries of districts, or regulations herein established.
(B) Kinds of amendments. An amendment to this chapter may be one of the following:
(1) A change in a district’s boundary (rezoning);
(2) A change in a district’s regulations; or
(3) A change in any other provision of this chapter.
(C) Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:
(1) By petition of an owner or owners of property which is proposed to be rezoned or for, which district regulation changes are proposed, such petitions to be accompanied by a filing fee of $300 (non-refundable);
(2) By recommendations of the Planning Commission; or
(3) By action of the Village Board.
(D) Required exhibits for rezoning or district regulation changes initiated by property owners.
(1) The boundary survey and plot plan as required for building permit applications; and
(2) Petition of property owners within 250 feet of property in question showing 50% of such owners favoring rezoning.
(E) Procedures.
(1) Upon any application for a proposed amendment, supplement or change being properly filed with the Zoning Officer, said Officer shall immediately cause a copy of same to be forwarded to the members of the Planning Commission and the members of the Zoning Board.
(2) The Planning Commission shall make such investigation as provided by then-rules of procedure. The Planning Commission shall consider such proposed amendments at its next regularly scheduled monthly meeting provided that, if 14 days have not elapsed since the above said mailing of such proposed amendment, it may defer action on it until its next regular monthly meeting. In determining the 14-day period, the day the letter is mailed shall be excluded, and the day of the meeting shall be included.
(3) The recommendation and report stating reasons for the decision of the Planning Commission shall be forwarded to the Chairperson of the Zoning Board and to the Chairperson of the Village Board without delay.
(4) Said report of the Planning Commission may be considered by the Zoning Board in arriving at its decision, whether or not a member of the Planning Commission appears at the public hearing.
(5) The Zoning Board shall forward its report and decision, setting forth the reasons therefore, to the Chairperson of the Village Board within a reasonable time after the public hearing.
(F) Notice of public hearings for amendments.
(1) The Zoning Board shall cause notice of a public hearing to be duly published, as prescribed by state statute.
(2) A hearing shall be held in each township directly affected, except that in the case of general amendments to the text of the village zoning ordinance, the hearing shall be held in the Village Hall (or such other place as may be designated by the Zoning Board).
(3) The published notice of a hearing shall be published in a newspaper qualified to accept legal notices, in general circulation in the area affected.
(4) In addition, where a proposed amendment affects a particular area of the village, notice shall be mailed to all adjacent property owners 15 days in advance of the hearing.
(5) Property owners shall be considered adjacent although they are separated by a street or road, or it a corner of their land touches, or if their property is next to a tract of land a portion of which is to be rezoned. If property is held by a life tenant with contingent remainders or rights in reversion, in trust, or by more than one person, it shall be sufficient notice, if notice is sent to the person receiving the tax bills as shown by the records in the County Treasurer’s office.
(6) No proposed amendment shall be defeated because of improperly mailed notices, if the Zoning Board is satisfied that the applicant has made a diligent effort to list all property owners in his or her application for the zoning change.
(G) Passage of amendment.
(1) The favorable vote of at least two-thirds of all of the members of the Village Board shall be necessary to pass an amendment in the following instances:
(a) When a written protest against the proposed amendment is filed with the Village Clerk, signed and acknowledged by the owner(s) of 20% of the frontage immediately adjoining or across the alley therefrom, or by the owner(s) of 20% of the frontage directly opposite the frontage proposed to be altered; and
(b) When a land affected by a proposed amendment lies within one and one-half miles of the limits of a zoned municipality and a written protest against the proposed amendment is passed by the Village Council or President and Board of Trustees of the zoned municipality with the limits nearest adjacent, and filed with the Village Clerk.
(2) In all other instances except those just above listed, a majority vote of the members of the Village Board present at the meeting at which the amendment is considered shall be necessary to pass an amendment.
(Ord. passed - -; Ord. 2014-11-18, passed 11-18-2014)