Authority. The regulations and standards of this chapter and the district boundaries on the Official Zoning Map may be amended from time to time by following the provisions set forth in this article.

Classification of amendments. In order to ensure efficient consideration of all proposed amendments under the provisions of this chapter, said amendments shall be separated and classified as either a textual amendment or a map amendment.

Initiation of amendments. Textual amendments may be proposed by the Village Board, Village Board, or Zoning Administrator. Map amendments may be proposed by the Village Board, Village Board, Zoning Administrator, or any person with an ownership interest in the property which is subject of the proposed amendment.

Definition of person. "Person" shall include an individual, corporation, partnership, limited-liability company, trust, or other entity.

The Zoning Administrator shall file a completed petition with the Village Clerk on behalf of the Village of Oakwood at least 20 days prior to the required public hearing. The filing fee shall be waived. The Zoning Administrator shall then schedule the petition for a public hearing before the Village Board.

The Zoning Administrator shall have notice of the public hearing published in a local newspaper of general circulation at least 15 days but not more than 30 days prior to the public hearing.

The Village Board shall then hold the public hearing and shall review the petition and other related evidence, and then prepare and adopt the findings and make a recommendation on the petition in accordance with § 290-44 of this article.

Prior to the preparation of a formal petition, a petitioner or his agent shall meet with the Zoning Administrator to discuss the situation, learn the procedures, obtain a petition, and present any preliminary information.

The petitioner or his agent shall complete the petition and shall prepare a site plan and other supporting materials that contain the information requested in this chapter as well as the following:

The petitioner or his agent shall file the completed petition, together with the required site plan and exhibits, with the Zoning Administrator at least 20 days prior to the required public hearing and shall pay a filing fee according to the fee schedule in this chapter. The Zoning Administrator shall then schedule the petition for a public hearing before the Village Board.

The petitioner shall have notice of the public hearing published in a local newspaper of general circulation at least 15 days but not more than 30 days prior to the public hearing.

If all required site plans and exhibits are provided, the Village Board shall then hold the public hearing and shall review the petition and other related evidence. If all required plans and exhibits are not available for the Village Board's consideration, action on the petition may be delayed until the information is made available.

In reviewing the petition and the other evidence presented, the Village Board shall consider the criteria listed here. Any request for a map amendment shall be reviewed for consistency with the following criteria:

The Village Board shall then prepare and adopt findings and make a recommendation on the petition in accordance with this article.

Findings of fact. Before deciding on an application for variation, the decision maker shall develop findings of fact based upon the evidence presented in the hearing. These findings should detail the degree to which the applicant has established that the variation is necessary and should assist in clarifying any conditions or restrictions recommended as a result of this review process. The approval of a variation shall not be made unless the evidence presented is such to establish all the following:

Final determination. The Village Board shall then take final action on the petition within 45 days of the public hearing. If the Village Board votes to approve the request, it shall do so by adopting the proposed amendment by ordinance. If an amendment request is contrary to the Future Land Use Map of the Village Comprehensive Plan, a 2/3 affirmative vote of the Village Board then holding office is required to approve the request.

Written protests. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by either: (1) the owners of 20% of the frontage proposed to be altered; (2) the owners of 20% of the frontage immediately adjoining or across the alley therefrom; or (3) the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk on or before the date of the public hearing set forth in the notice of hearing so published, the amendment shall not be passed except by an affirmative vote of 2/3 of the Village Board then holding office. In such cases, a copy of the written protest shall be served by the protestor(s) on the petitioner for the proposed amendment and a copy upon the attorney, if any, for the petitioner, by certified mail at the address of such petitioner and attorney as shown in the petition for the proposed amendment.

Withdrawal. A petition may be withdrawn any time prior to the beginning of the public hearing without penalty. If the petition is withdrawn between the time the hearing begins and the Village Board takes final action, said petition cannot be reheard for 12 months.

Denial. If a petition is considered and ultimately denied by the Village Board, that request shall not be reconsidered by the Village Board at any time in a substantially similar form unless the Zoning Administrator determines that conditions affecting the requested amendment have changed significantly enough to justify reconsideration of said request.

Resubmittal. Resubmitting another petition for an amendment after denial or withdrawal shall be accomplished in the same general manner as is prescribed in this article.