Amendments to the text of this title or to the zoning map may be made in accordance with the provisions of this chapter.

A.

Whenever a request to amend this title is initiated by the village council, the planning commission, or village administrative staff, an appropriate ordinance shall be drafted by the community development department staff and presented to council so that a date for a public hearing may be set.

B.

Any other property owner or his agent may also petition the council for a zone map amendment. The petition shall be filed with the zoning enforcement officer and shall include the name, address, and phone number of the applicant, a description of the land affected by the amendment if a change in zoning district classification is proposed, and the names and addresses of all those to whom notice of the public hearing must be sent.

C.

The planning commission or the council, respectively, shall recommend or approve the requested amendment unless it concludes, based upon the information submitted at the hearing that:

1.

The requested use is not permissive according to the table of permissible uses; or

2.

The application is incomplete; or

3.

If completed as proposed in the application, the development will not comply with one or more requirements of this title; or

4.

The development as proposed will materially endanger the public health or safety; or

5.

The development as proposed will substantially injure the value of adjoining or abutting property; or

6.

The development as proposed would not be in general conformity with the land use plan, or other plan officially adopted by the council.

(Ord. 276 (part), 2001)

A. Each application for an amendment to the zone map will require a site plan to include the following:

1.

Name and address of person or agent proposing the amendment;

2.

Scale and north arrow;

3.

Benchmark locations;

4.

Existing conditions of the site and the adjoining property;

5.

Easements on the site;

6.

Public right-of-way on and adjacent to the site;

7.

Utilities on and adjacent to the site;

8.

Legal description of the site;

9.

Zoning of adjacent property;

10.

Location map showing relation to village limits;

11.

Exact location of structures on site; and

12.

Proposed use.

B.

When an amendment to the zone atlas has been approved by the council for C-1, C-2, M-1 , or SU-1, the applicant will have a period of twelve months from the date of such approval to begin developing the property. Any building permits needed to be issued will be issued for a permitted use. Until the property is developed the area will be considered a transitional zone.

C.

An application for a change to SU zoning must state the use and be accompanied by a development plan, which includes the following:

1.

Boundaries and topography survey of the property to be developed;

2.

Proposed size, location and use of all structures, signs, parking and loading areas, drainage facilities, landscaping and traffic and pedestrian circulation routes; and

3.

Existing location, uses and size of structures on adjacent properties within two hundred feet of the proposed SU boundary.

D.

An application for a change to SU zoning which has proposed infrastructure improvements such as streets, sidewalks and water and sewer utilities shall be subject to the requirements for subdivision approval as set forth in Chapter 16.08 as amended.

E.

An amendment to this title implementing a change to SU must designate the specific use permitted and a building permit may be issued only for the specific use.

F.

A certified copy of the approved development plan shall be provided to the applicant and a second copy shall be kept on file by the zoning enforcement officer.

G.

Whenever a zone map amendment is disapproved, such action may not be reconsidered sooner than one year after disapproval unless the applicant clearly demonstrates that circumstances affecting the property have substantially changed.

(Ord. 276 (part), 2001)

A. When the council sets a date for a public hearing on a proposed amendment, it shall also refer the proposed amendment to the planning commission for its consideration.

B.

The planning commission shall review the proposed amendment at a public hearing and provide its recommendations to council. However, if the commission is not prepared to make recommendations, it may request the council to delay final action on the amendment until such time as the planning commission can present its recommendation.

(Ord. 276 (part), 2001)

A. No ordinance that amends any of the provisions of this title may be adopted until a public hearing has been held on such ordinance.

B.

Notice of the time and place of the public hearing shall be published, at least fifteen days prior to the date of the hearing. Whenever a change in zoning is proposed for an area of one block or less, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the county assessor, of lots or land within the area proposed to be changed by a zoning regulation and within one hundred feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation. In computing this period, the date of publication shall not be counted but the date of the hearing shall be.

C.

The planning staff shall also require the applicant to post notices of the public hearing in the vicinity of the property rezoned by the proposed amendment.

D.

The notice required by this section shall:

1.

State the date, time, and place of the public hearing;

2.

Summarize the nature and character of the proposed change;

3.

If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment;

4.

State that the full text of the amendment can be obtained from the community development office;

5.

State that substantial changes in the proposed amendment may be made following the public hearing.

E.

The planning staff shall make every reasonable effort to comply with the notice provisions set forth in this section. However, it is the council's intention that no failure to comply with any of the notice provisions (except those set forth in subsection B of this section) shall render any amendment invalid.

(Ord. 276 (part), 2001)

A. If a petition opposing a change in the zoning classification of any property is filed in accordance with the provisions of this section, then the proposed amendment may be adopted only by a majority vote of the council membership.

B.

The petition must:

1.

Be signed by the owners of twenty percent or more of the area of the lots and land included in the area proposed to be changed by a zoning regulation or within one hundred feet, excluding public right-of-way, of the area proposed to be changed by a zoning regulation;

2.

Be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment;

3.

Be received by the clerk-treasurer in sufficient time to allow the village at least two normal working days before the public hearing on the proposed amendment to determine sufficiency and accuracy of the petition.

(Ord. 276 (part), 2001)