§ 74-581. Procedure.

(a)

The Village Board may, from time to time, and on its own motion, or on petition, or on recommendation of the Zoning Board of Appeals amend, supplement or repeal the regulations and provisions of this Chapter, but no such amendments or change shall be made without a hearing as provided by law.

(b)

In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, as to such regulations or district, filed with the Village Clerk, such amendment shall not be passed except by the favorable vote of two-thirds of all the trustees.

(c)

No amendment shall be passed to change the zoning classification of any parcel of land of less than 10,000 square feet in area and less than 80 feet of frontage; provided, however, this restriction shall not be applicable where the effect of such amendment would classify such parcel of land in the same district as an adjoining lot.

(d)

Every petition initiated by interested property owners, or authorized agents of such property owners, for the rezoning of any property to more restricted or less restricted classification shall be directed to the Zoning Board of Appeals in the first instance. In such cases, the Zoning Board of Appeals shall not be required to take action for the conduct of a hearing on such petition. If the Zoning Board of Appeals shall determine not to take action for the conduct of a hearing on such petition, the Zoning Board shall report such action to the Village Board at the next regular meeting of the Village Board held after the time that the Zoning Board shall determine not to conduct a hearing on said petition. The Village Board, upon receiving such report, may direct the Zoning Board to conduct a hearing on said petition and, in such event, such hearing shall be held by the Zoning Board.

(e)

Whenever the owners of 300 feet or more of the street frontage in any block shall present to the Zoning Board of Appeals a petition requesting the rezoning of any property to a more restricted or less restricted classification, it shall be the duty of the Zoning Board of Appeals to conduct a hearing on such petition.

(f)

Before the Zoning Board of Appeals shall take any action for the conduct of a hearing on any petition for rezoning any property, the party or parties petitioning for such change shall deposit with the Village the sum, as established from time to time by the Village Board, to cover the approximate cost of this procedure, and under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law.

(g)

Prior to any hearing on any change, amendment, rezoning or other matter relating to a specific parcel of property pursuant to this Article, the Zoning Board shall send notices as set forth in Section 74-460.

(Ord. No. 1525, art. 22, 6-14-2007)