1260.13  AMENDMENTS.
   Council may, from time to time, amend by ordinance, the number, shape, area of districts on the Zoning Districts Map, as well as any part of the written regulations set forth within the text of this Zoning Ordinance.
   (a)   Initiation of Amendments.  Amendments to the Zoning Text and/or the Zoning Districts Map may be initiated by:
      (1)   Motion of the Planning Commission; or
      (2)   Adoption of a resolution by the Board of Zoning Appeals (with certification to the Planning Commission); or
      (3)   Adoption of a resolution by the Village Council (with certification to the Planning Commission); or
      (4)   Filing of an application to the Village Council by one or more property owners within the area proposed to be changed or affected by the proposed amendment to the Zoning Ordinance.
   (b)   Contents of Application for Amendment.  Application for amendment to the Zoning Ordinance initiated under Section 1260.13 (a)(4) shall include the following, as applicable:
      (1)   Application shall be submitted on forms made available by the Zoning Inspector.
      (2)   The fee as specified in Section 1260.17 (Exhibit V, Fee Schedule) is not refundable.
      (3)   A list of current property owners within and contiguous to and directly across the street from any part of the defined area to be amended. The addresses of such owners shall be those that appear on the County's tax list or the Treasurer's mailing list.
      (4)   A copy of each and every tax map page used to obtain the list of names of the property owners being submitted.
      (5)   Evidence that the proposed amendment would materialize in an equal or better Zoning Ordinance than that existing.
      (6)   A statement of the proposed text change in the regulations set forth in this Zoning Ordinance.
      (7)   A statement or legal description of the proposed change in the number, shape, area or regulations of the districts on the Zoning Districts Map.
      (8)   Evidence that the existing Zoning Ordinance is unreasonable with respect to the particular property and that it deprives the property owner of his lawful and reasonable use of the land.  For the purposes of this Zoning Ordinance, a limitation upon the financial gain from the land in question shall not constitute unreasonable zoning.
   (c)   Action by the Planning Commission.  Upon its own initiative or upon certification from the Village Council, or the Board of Zoning Appeals, the Planning Commission shall consider the text or copy of the text of any proposed amendment to the Zoning Ordinance, together with any supporting documentation forming a part of or referred to in such proposed amendments.
      (1)   Public hearing.  The Planning Commission shall hold at least one public hearing to consider a proposed amendment to this Zoning Ordinance. Each public hearing shall be publicized in the following manner:
         A.   In all cases, by one publication of the time and place of such hearing in a newspaper of general circulation in the Village at least 30 days prior to the hearing date. Such notice shall include a statement that opportunity will be afforded to any person interested to be heard.
         B.   Written notice of hearings pertaining to the amendment of a Zoning District(s) on the Zoning Districts Map shall be mailed by the Zoning Inspector by certified mail at least 15 days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from any part of the defined area to be amended. The addresses of such owners shall be those that appear on the County's tax list or the Treasurer's mailing list.  The notice shall include an indication to such owners of the change in zoning to be considered by the Commission at the hearing on the proposed amendment.
      (2)   Recommendation. Within 60 days after the public hearing, the Planning Commission shall make its recommendation on the proposed amendment. All recommendations shall be submitted to Village Council in writing.  No amendment shall be acted upon by the Village Council until the Commission has submitted its report and recommendation to the Village Council.
   (d)   Action by Village Council.  Upon receipt of a recommendation from the Planning Commission, the Village Council shall consider the text or copy of the text of any proposed amendment to the Zoning Ordinance, together with any supporting documentation forming a part of or referred to in such proposed amendments.
      (1)   Public hearing.  Council shall, upon receipt of such recommendation from the Planning Commission, set a time for a public hearing on such proposed amendment or supplement, which date shall not be more than 60 days from the date of the receipt of such recommendation from the Planning Commission. Notice of such hearing shall be publicized in the following manner:
         A.   In all cases, by one publication of the time and place of such hearing in a newspaper of general circulation in the Village at least 30 days prior to the hearing date. Such notice shall include a statement that opportunity will be afforded to any interested person to be heard.
         B.   If the proposed amending ordinance intends to re-zone or re-district ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council by first class mail, at least 15 days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor's current tax list and to such other list or lists that may be specified by Council.
      (2)   Access to records.  During the 30 days subsequent to giving notice of the public hearing, the text of such proposed amendment, together with the maps, plans or copies thereof forming part of or referred to in such amendment and the recommendation, maps, plans, reports or copies, if any, or copies thereof, submitted by the Planning Commission shall be on file, for public examination in the Village Office.
      (3)   Action by Council.  Within 30 days after the public hearing, the Village Council shall either adopt or deny the proposed amendment.  No such amendment which violates, differs from or departs from the recommendation submitted by the Planning Commission shall take effect unless approved by not less than two-thirds of the membership of Council.
(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04.  Passed 4-2-19.)