Amendments to this Zoning Ordinance may be initiated in one of the following ways:

   (a)   By adoption of a motion by the Planning Commission.

   (b)   By adoption of a resolution by Council.

   (c)   By the filing of an application by at least one owner or lessee of property within the area proposed to be changed or affected by such amendment.

(Ord. 01-014. Passed 7-17-01.)

   The application for amendment shall contain at least the following information:

   (a)   Name, address, and telephone number of applicant.

   (b)   Proposed amendment to the text or legal description.

   (c)   Present use.

   (d)   Present zoning district.

   (e)   Proposed use.

   (f)   Proposed zoning district.

   (g)   A vicinity map at a scale approved by the Responsible Authority showing property lines, streets, existing and proposed zoning, and such other items as the Responsible Authority may require.

   (h)   A list of all property owners within, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned.

   (i)   A statement on how the proposed amendment relates to the Comprehensive Plan, Land Use Plan, or similar adopted planning document.

   (j)   A fee as established by Council.

(Ord. 01-014. Passed 7-17-01.)

   Immediately after the adoption of a resolution by Council or the filing of a complete application by at least one owner or lessee of property, such resolution or application shall be transmitted to the Planning Commission.

(Ord. 01-014. Passed 7-17-01.)

   The Planning Commission may schedule a public hearing after the adoption of a motion, transmittal of a resolution from Council, or the filing of an application for zoning amendment. Such hearing shall be not less than 20 days from the date of the adoption of such motion, receipt of transmittal of such resolution, or the filing of such application.

(Ord. 01-014. Passed 7-17-01.)

   Before holding the public hearing, notice of such hearing shall be given by the Planning Commission by at least one publication in one or more newspapers of general circulation in the Village at least 15 days before the date of such hearing. This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment, and a statement that after the conclusion of such public hearing, the matter will be referred to Council for further determination.

(Ord. 01-014. Passed 7-17-01.)

   Written notice of the hearing shall be mailed by first class mail, at least 20 days before the date of the hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted, to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list, and to such other list or lists that may be specified by Council or the Planning Commission for this hearing. The notice shall contain the same information as required of notices published in newspapers as specified in this chapter. Failure to notify adjoining property owners shall not invalidate any actions taken.

(Ord. 01-014. Passed 7-17-01.)

   Within 15 days after the public hearing, the Planning Commission shall recommend to Council that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment not be granted. The Commission shall transmit its recommendation to Council in writing.

(Ord. 01-014. Passed 7-17-01.)

   Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing. Such hearing shall be not more than 40 days from the receipt of the recommendation from the Commission.

(Ord. 01-014. Passed 7-17-01.)

   Notice of the public hearing shall be given by Council by at least one publication in one or more newspapers of general circulation in the Village affected. Such notice shall be published at least 30 days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary fo the proposed amendment.

(Ord. 01-014. Passed 7-17-01.)

   If the proposed amendment intends to rezone or redistrict ten or less 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 20 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, to the address of such owners appearing on the County Auditor's current tax list or the Clerk-Treasurer's mailing list and to such other list or lists that may be specified by Council. The failure to deliver the notification, as provided in this section, shall not invalidate any such amendment. The notice shall contain the time and place of the public hearing and the nature of the amendment.

(Ord. 01-014. Passed 7-17-01.)

   Within 30 days after the public hearing. Council shall either adopt or deny the recommendation of the Planning Commission, or adopt some modification thereof. No amendment which violates, differs, or departs from the recommendation of the Planning Commission shall take effect, unless passed by not less than three-fourths of the membership of Council.

(Ord. 01-014. Passed 7-17-01.)

   (a)   Such amendment adopted by Council shall become effective 30 days after the date of such adoption, unless within 30 days after the passage of the ordinance, there is presented to the Clerk-Treasurer a petition signed by a number of qualified voters residing in the Village, equal to not less than 10% of the total vote cast in such area at the last preceding general election at which a governor was elected, requesting Council to submit the Zoning Ordinance to the electors of the Village for approval or rejection at the next general election.

   (b)   No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote case on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.

(Ord. 01-014. Passed 7-17-01.)