A. Authority:
1. The mayor and village board of trustees may amend, supplement, change, modify or repeal the regulations, restrictions and boundaries as provided for in this title. (1999 Code § 5.47)
2. The regulations imposed and the districts created under the authority of this title may be amended from time to time, by ordinance, in accordance with the applicable statutes of the state. An amendment shall be granted or denied by the board of trustees only after public hearing before the planning commission and a report of the commission's findings and recommendations has been submitted to the board. (1999 Code § 5.48)
B. Initiation Of Amendment; Fee: Amendments may be proposed by the board of trustees, by the planning commission, the board of appeals, other governmental bodies, or by any owner of property within the jurisdictional limits of this title. Any person, firm or corporation desiring to petition or request an amendment or change in this title shall accompany said petition or request with a payment of two hundred dollars ($200.00) to the village, for the purpose of defraying the expense of legal publications and other costs required to schedule and hold the hearing relative to the proposed amendment to this title and the subsequent publication of any amendment made hereto. (1999 Code § 5.48; amd. 2005 Code)
C. Application For Amendment; Notice Of Hearing: An application for an amendment shall be filed with the village clerk and thereafter introduced to the village board. Such application shall be forwarded from the board of trustees to the planning commission, with a request to hold a public hearing. Notice shall be given of the time and place of the hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within the village.
D. Hearing And Planning Commission Recommendations: The planning commission shall hold the public hearing and forward its recommendations in the form of a written report to the board of trustees within forty five (45) days of the date the petition was submitted to the planning commission, unless it is withdrawn by the petitioner.
E. Protests: In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all of the members of the village board of trustees. Any proposed amendment which fails to receive the approval of a majority of the planning commission members and is so reported, shall not be passed by the board of trustees except by a favorable vote of two-thirds (2/3) of all of the members of said board.
F. Board Of Trustees Decisions: The board of trustees, upon report of the planning commission and without further public hearing, may grant or deny any proposed amendment in accordance with the applicable statutes of the state, or may refer it back to the planning commission for further consideration. (1999 Code § 5.48)