(a) Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may amend, supplement or repeal these regulations, boundaries or classification or property in accordance with the regulations of this chapter.
(b) A request to amend this Zoning Ordinance may be initiated as follows:
(1) By adoption of a motion by the Planning Commission;
(2) By adoption of a resolution by Council;
(3) By the filing of an application by the owner of the property to be changed or affected by the proposed amendment. Applications are available from and are to be filed at the office of the Zoning Inspector.
(c) Applications for amendments shall include, but not be limited to, the following information:
(1) Name, address and telephone number of applicant;
(2) Location of the property, lot number or metes and bounds description of the tract, and the present and proposed zoning district;
(3) A vicinity map at a scale approved by the Zoning Inspector showing property lines, streets, existing and proposed zoning and such other items as the Zoning Inspector may require;
(4) Present and proposed uses;
(5) The proposed amendment to the text, if applicable;
(6) Plat layout drawn to scale, showing the actual shape and dimensions of the lot or parcel to be recorded; and also the lots, parcels, buildings, uses and zoning districts within 200 feet of the area to be rezoned;
(7) A list of all property owners within, contiguous to and directly across the street from the parcel proposed to be rezoned, except that addresses need not be included where more than ten parcels are to be rezoned;
(8) A statement on how the proposed amendment relates to the comprehensive plan of the Village;
(9) Specific reasons justifying the application of amendment;
(10) A fee as established by Council.
(d) Upon receipt of any amendment application which, if approved, would affect any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Commission shall give notice by registered or certified mail to the Director of Transportation. The Planning Commission may proceed as required by law; however, Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Village that the State shall proceed to acquire the land needed, then the Village shall refuse to approve the rezoning. If the Director of Transportation notifies the Village that acquisition at this time is not in the public interest or upon the expiration of the 120-day period or any extension thereof agreed upon by the Director of Transportation and the property owner, Council shall proceed as required by law.
(e) Within three working days after the adoption of a resolution by Council or the filing of an application, such resolution or application shall be transmitted to the Planning Commission. The Planning Commission may hold a public hearing on the proposed amendment or supplement. If so, notice shall be advertised by at least one publication in a newspaper of general circulation within the Village at least ten days prior to the date of the public hearing. The notice shall state the date, place and time of the hearing, and shall include the places and times that the proposed amendment and supporting documentation may be examined.
(f) The Planning Commission shall, by resolution and within ninety days after receipt of the application or resolution, recommend the approval for an amendment, recommend approval with modification, or recommend disapproval of the application, and transmit such resolution to the Fiscal Officer within three working days.
(g) Upon receipt of the recommendation of the Planning Commission, Council shall hold a public hearing on the proposed amendment or supplement within sixty days.
(1) Notice shall be advertised by at least one publication in a newspaper of general circulation within the Village at least thirty days prior to the date of public hearing. The notice shall state the date, place and time of the hearing and shall include the places and times that the proposed amendment and supporting documentation may be examined.
(2) If the proposed amendment intends to rezone or redistrict ten or less lots of record, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Fiscal Officer, by first class mail, at least twenty days before the day of the public hearing to all owners of property within, contiguous to and directly across the street from such area proposed to be rezoned or redistricted. Addresses shall be taken from the list provided with the application, from the County Auditor's current tax list. Failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall contain the same information required in the published notification.
(3) During the thirty-day period prior to the public hearing, the text describing the proposed amendment, together with the plans and supporting documentation, shall be on file and available for review by the public, in the office of the Zoning Inspector.
(4) At or within thirty days following the public hearing, Council shall act on the proposed amendment.
(h) If the Planning Commission disapproves the proposed amendment, or recommends modification thereof, Council shall not act contrary to such disapproval or recommendation except by the consenting vote of not less than three-fourths of its members.
(Ord. 13-87. Passed 7-27-87.)