A.   Except as provided in Section 5-9-5 of this Chapter, an application for a variation of the regulations of this zoning title or a petition for an appeal from a decision of the zoning enforcement officer made pursuant to this title shall be made by the property owner and by other interested parties to the zoning board of appeals on a form provided by the village, and shall be accompanied by such fees and/or deposit as required by the village. Such application or petition shall be made in writing stating the grounds for such appeal or the nature of the variation requested and the cause for the variation, including those exception conditions peculiar to the petitioner's property or its environment which, in his opinion, cause the strict application of the regulations of this zoning title to result in practical difficulties and particular hardship.

   B.   The zoning board of appeals shall consider the case at a public hearing, not less than fifteen (15) days' notice of which shall have been given as prescribed by statute, and shall determine whether or not the facts are such as to justify an appeal or to warrant a variation from this zoning title. If the zoning board of appeals determines, by a concurring vote of not less than four (4) members, that practical difficulties and particular hardships do in fact exist, and that the proposed variation or some modification of it will not:

      1.   Reduce or increase unreasonably the minimum or maximum areas or dimensions;

      2.   Impair an adequate supply of light and air to adjacent property;

      3.   Increase the congestion in public streets unreasonably;

      4.   Increase the hazard of fire;

      5.   Create an adverse drainage condition on any adjacent property;

      6.   Endanger the public health or safety;

      7.   Diminish or impair the values of property within the surrounding area;

      8.   Or, in any other respect, impair the public health, safety, comfort, morals and welfare of the people; it shall submit such findings and a recommendation that the board of trustees grant the variation; otherwise the zoning board of appeals may recommend denial of the application. Any proposed variation or appeal which fails to receive the approval of the zoning board of appeals shall not be passed except by the favorable vote of four (4) members of the board of trustees. The corporate authorities shall consider the recommendation and shall make the final decision. No variation or appeal shall be granted except by ordinance.

   C.   No new application for a zoning variation or petition for an appeal by the same party and for the same property for the same variation or for one substantially similar to any application or petition which has previously been denied by the board of trustees within the preceding twelve (12) months shall be the subject of a hearing before the zoning board of appeals, unless the board of trustees first expressly finds that new facts exist which were not previously existing at the time of the hearing on the earlier application or petition. (Ord. 2007-846, 3-13-2007; amd. Ord. 23-1029, - -2023)

After the filing of any decision or variation of the corporate authorities, any person or persons jointly or severally aggrieved by such decision or variation, or any officer, department, board or bureau of the county may appeal to a court of record in the manner prescribed by statute. (1983 Code; amd. Ord. 23-1029, - - 2023)

Any owner, the plan commission or the board of trustees may petition for amendment in the text of this zoning title and/or the zoning map which is part hereof. No amendment shall be made by the board of trustees without a public hearing as provided by statute having first been held before the plan commission. The plan commission shall hold such a public hearing and submit its recommendations to the board of trustees within sixty (60) days.

The board of trustees may adopt or deny any proposed amendment without further public hearing. If the report of the plan commission does not recommend the approval of the proposed amendment, the amendment shall not be passed except by a favorable vote of at least four (4) members of the board of trustees. (1983 Code; amd. Ord. 23-1029, - -2023)

The petitioner for any variation, for an appeal from a decision of the zoning enforcement officer, special use, special use for a planned development, or zoning map or zoning text amendment shall file with the village administrator an affidavit identifying the owners of all property, whether under the jurisdiction of a municipality or within an unincorporated area, within five hundred feet (500'), excluding rights of way of streets, in each direction from all points on the perimeter of the property which is the subject of their petition, and said affidavit shall in any event include at least the five (5) nearest property owners within the village; provided, however, that for the purpose of this section, ownership may be determined on the basis of the last available tax records of the county. The village administrator shall send written notice by U.S. mail, at the petitioner's expense, not less than ten (10) days prior to the initial date of the public hearing thereon, to those persons identified in said affidavit. The zoning board of appeals, the plan commission and the corporate authorities may inquire into the adequacy of such affidavit. However, the zoning board of appeals, the plan commission and the corporate authorities may rely on such affidavit which appears regular on its face and the failure to mail notice to each and every owner of neighboring property as herein provided shall not invalidate any action taken by the village on any such petition or application. (Ord. 2007-846, 3-13-2007; amd. Ord. 23-1029, - -2023)