Whenever the public necessity, convenience, general welfare or good zoning practices require, the Council may, by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classification of property, now or hereafter established by this chapter or amendments thereof.

   (a)   Applications for amendments should meet at least one of the following conditions:

      (1)   There is currently insufficient land throughout the Village zoned for the particular district to meet the current and anticipated future demands;

      (2)   There has been a substantial change in the area's condition which has rendered the original zoning obsolete;

      (3)   The land is subject to annexation by the Village;

      (4)   There are other situations where a zoning change would be appropriate for the overall health, safety and welfare of the Village.

   (b)   Amendments or supplements to this Zoning Code may be initiated by:

      (1)   Passage of a resolution by Council.

         A.   All zoning amendments or supplements not initially made by the Planning Commission shall be referred to the Planning Commission for review and recommendation to Council before any action is taken by Council.

         B.   If no recommendation is received by Council within 30 days of such referral, Council may proceed without a recommendation from the Planning Commission if it so desires.

      (2)   Motion of the Planning Commission.

      (3)   Application of one or more owners or lessees of property within the district to be changed.

         A.   Applications for any change of district boundaries or classifications of property as shown on the Zoning Map shall be submitted to the Planning Commission, at its public office upon such forms, and shall be accompanied by such data and information as may be prescribed for that purpose by the Planning Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications.

         B.   Any person or persons desiring a change in the zoning classification of property shall file with the application for such change, a statement giving the names and addresses of the owners of all properties lying within 200 feet of any part of the property, the zoning classification of which is proposed to be changed.

   (c)   Petitions for Annexation Shall Initiate Rezoning.

      (1)   Upon receipt of notice of hearing of annexation petitions, the Clerk-Treasurer shall forward copies to the Planning Commission to consider the appropriate zoning classification of the territory to be annexed in accordance with this chapter.

      (2)   The Planning Commission shall make its recommendation to the Council in a timely fashion such that the ordinance designating the zoning classification for the territory to be annexed shall become effective at the same time as the ordinance approving the annexation of the territory.

(Ord. 1584. Passed 9-17-07.)

   (a)   Notice to Property Owners of Public Hearing by Planning Commission.

      (1)   Before submitting its recommendation on a proposed amendment to the Council, the Planning Commission shall hold a public hearing thereon, notice of which shall be given by publication in a newspaper of general circulation in the municipality at least 30 days before the date of the hearing, once a week for two weeks. The notice shall state the place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined and other notices as required by State statutes or Planning Commission.

      (2)   In addition to the published notice as hereinbefore specified, the Planning Commission shall give notice of time, place and purpose of public hearings to be held by it on proposed amendments or supplements, by mailing a postal card or letter notice not less than 20 days prior to the date of the hearing, to the owners of all properties lying within 200 feet of any part of the property proposed to be changed. The failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder; it being the intention of this section to provide, so far as may be possible, due notice to the persons substantially interested in the proposed change that an application is pending before the Planning Commission, proposing to make a change in the zoning district map or the regulations set forth in this chapter.

   (b)   Action of Planning Commission. The Planning Commission may recommend to Council that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be not granted. These recommendations shall be certified to Council within 30 days after the Planning Commission hearing.

(Ord. 1584. Passed 9-17-07.)

   (a)   Public Hearing by Council and Notice to Property Owners.

      (1)   After receiving from the Planning Commission certification of the recommendations on the proposed amendment and before this Zoning Code or any amendment thereto may be adopted or passed, Council shall hold a public hearing thereon and shall give at least 30 days notice, once a week for two weeks, of the time and place thereof in a newspaper of general circulation in the Village. The notice shall state the place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined and other notices as required by State statutes.

      (2)   Whenever an amendment to this Zoning Code 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-Treasurer, by first class mail, at least 20 days before the date of the public hearing, to the owners of property within, contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor's current tax list of the County Treasurer's mailing list and on such other list that may be specified by Council. The failure of delivery of such notice shall not invalidate any such amendment.

      (3)   During such 30-day or 20-day notice periods, as the case may be, the text or copy of the text of the amending ordinance, together with the maps, plans or copies thereof forming part of or referred to in such ordinance, and any reports submitted by the Planning Commission, the Board of Zoning Appeals or the Zoning Inspector shall be on file for public examination in the office of the Clerk-Treasurer or in such other office as is designated by Council.

   (b)   Action of Council. After holding the above public hearing, the Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the ordinance or the zoning map.

      (1)   No ordinance or amendment which is in accordance with the recommendation, plan or report submitted by the Planning Commission, the Board or the Zoning Inspector shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to Council.

      (2)   No such ordinance or amendment which differs or departs from the plan or report submitted by the Planning Commission, the Board, or the Zoning Inspector shall take effect unless passed or approved by not less than three-fourths of the membership of Council.

(Ord. 1584. Passed 9-17-07.)