This Zoning Code may be amended utilizing the procedures specified in §§ 1282.03 to 1282.11, inclusive of this chapter.

(Ord. 2012-20, passed 4-17-2012)

   Whenever the public interest, the general welfare, or good zoning practices require a need for appropriate changes, Council by ordinance, after receipt of recommendation thereon from the Planning Commission and subject to procedures provided by law, may amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Amendments to this Zoning Code involving an amendment of the text of this Zoning Code may be initiated in one of the following ways:

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

      (2)   By the passage of an ordinance by Council.

   (b)   Amendments to this Zoning Code involving an amendment of the Official Zoning Map, and may be initiated in one of the following ways:

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

      (2)   By the passage of an ordinance by Council.

      (3)   By the filing of an application by the owners or lessees of property within the area proposed to be changed or affected by the amendment.

(Ord. 2012-20, passed 4-17-2012)

   Applications for any change of district boundaries or classification of property shall be submitted to the Planning Commission on appropriate forms. The application for amendment to the Official Zoning Map shall contain at a minimum the following information.

   (a)   The name, address, and telephone number of the property owner.

   (b)   The address and metes and bounds description of the property

   (c)   Present zoning district.

   (d)   Proposed zoning district.

   (e)   Present use.

   (f)   Proposed use.

   (g)   A statement of the reason(s) for the proposed amendment.

   (h)   A statement on the ways in which the proposed amendment relates to and land use plans adopted by the village.

   (i)   A vicinity map at a scale approved by the Code Enforcement Officer showing the property to be rezoned and the property lines, streets, existing and proposed zoning, existing and proposed structures within 200 feet of the property to be rezoned, and such other items as the Code Enforcement Officer may require.

   (j)   A list of all property owners and their mailing addresses who are located within 200 feet of the subject property.

   (k)   A fee as established by ordinance of the Village Council.

(Ord. 2012-20, passed 4-17-2012)

   Immediately after the adoption of an ordinance by the Village Council, or the filing of an application by the owner or lessee of property, said ordinance or application shall be transmitted to the Planning Commission.

   (a)   Public hearing by the Planning Commission. The Planning Commission may schedule a public hearing on the proposed amendment not less than 30 calendar days from date of receipt of the proposed amendment.

   (b)   Notice of public hearing in newspaper. Prior to holding the public hearing, notice of such hearing shall be published in one or more newspapers of general circulation in the municipality and posted at designated public posting locations in the village at least 15 calendar days before the date of the said hearing. The notice shall set forth the time and place of the public hearing and the specific item to be considered.

   (c)   Notice to property owners. If the amendment intends to rezone or redistrict property as shown on the Official Zoning Map, written notice shall be mailed, by first class mail at least 15 calendar days prior to the hearing, to all owners of property located within 200 feet of the property subject to the proposed amendment. This notice shall be sent to the address of such owners appearing on the County Auditor's current tax list. If the application was submitted by one or more owners or lessees of the property, the mailing list shall be supplied to the Planning Commission by the property owners or lessees requesting the amendment. The failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall set forth the time and place of the public hearing and the specific item to be considered.

   (d)   Action by the Planning Commission. The Commission shall, by resolution, recommend the approval of an amendment, approval with modification or disapproval of the application. The Secretary of the Commission shall transmit such resolution to Council. No member of the Commission shall be authorized to vote by proxy.

(Ord. 2012-20, passed 4-17-2012)

   Upon receipt of the formal resolution from the Planning Commission, Village Council shall schedule a public hearing.

   (a)   Notice of public hearing. Notice of the public hearing shall be published in one or more newspapers of general circulation in the municipality and posted at the five most public posting locations in the village at least 15 calendar days before the date of the said hearing. The notice shall set forth the time and place of the public hearing and the specific item to be considered.

   (b)   Notice to property owners. If the amendment intends to rezone or property as shown on the Official Zoning Map, written notice shall be mailed by the Clerk of Council by first class mall at least 15 calendar days prior to the hearing, to all owners of property located within 200 feet of the property subject to the proposed amendment. This notice shall be sent to the address of such owners appearing on the County Auditor's current tax list. The failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall set forth the time and place of the public hearing and the specific item to be considered.

   (c)   Action by Village Council. Within 60 calendar days after the public hearing, Council shall act on the proposed amendment. When the recommendation of the Planning Commission is for disapproval of the proposed change or amendment, an affirmative vote of at least three-fourths of Council shall be required for approval of such change or amendment.

(Ord. 2012-20, passed 4-17-2012)