Burden of Proof.
The burden of proof shall be upon the applicant in all proceedings pursuant to this Chapter. The applicant is presumed to have knowledge of the requirements of this Chapter and is obligated to meet the requirements unless a variance is granted.

General Provisions.

A. Zoning Amendment. The Village of Indian Point Board of Trustees, from time to time, may supplement, change or generally revise the zoning regulations by amendment. A proposal for such amendment may be initiated by the Board of Trustees or the Planning and Zoning Commission. Applications for special use permits shall be considered by the procedures for special use permits in these regulations and considered for approval by the Planning and Zoning Commission.

B. Disposition Of Amendment Proposals. Upon receipt of a proposed amendment, the Planning and Zoning Commission shall hold a public hearing on the proposed amendment, and forward to the Board of Trustees its findings and recommendations with respect to the proposed amendment.

Public Hearings.

A. The Planning and Zoning Commission shall hold a public hearing on each proposed amendment that is referred to, filed with, or initiated by it. The Planning and Zoning Commission shall select a reasonable hour and place for such public hearing, and it shall hold such hearing within sixty (60) days from the date on which the proposed amendments is referred to, filed with, or initiated by it. An applicant for an amendment may waive the requirement that such hearing be held within sixty (60) days.

1. Notice Hearing.

a. Public notice of a hearing on a proposed amendment shall be published one (1) time in a newspaper of general circulation and posted in the Village administration office and at the usual meeting location at least fifteen (15) days prior to the date set for such hearing. Such notice shall state the date, time and place of the hearing and shall contain a statement regarding the proposed change in regulations or restrictions.
b. Mailed Notice. Mailed notice of the proposed change in the Official Zoning Map shall be sent to all property owners within one thousand (1,000) feet of the parcel being considered for rezoning. The notice shall contain a description of the amendment requested, information about the time and place of the public hearing.

2. Conduct Of Hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the Planning and Zoning Commission may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The Planning and Zoning Commission may request a report on any proposed amendment from any governmental official or agency, or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in the office of the Planning Zoning Commission at least three (3) days before the date set for the public hearing. The Planning and Zoning Commission may also require such report after such public hearing if additional information is deemed necessary. Such reports shall again be made available to the applicant and any other interested persons.

Action by Planning and Zoning Commissions.

A. Upon the conclusion of the public hearing, the Planning and Zoning Commission shall prepare and adopt its recommendations and shall submit the same, together with a record of the hearing thereon, to the Board of Trustees. Said recommendations may be for approval or disapproval, or approval of an alternative text amendment. The recommendation of the Planning and Zoning Commission shall contain a statement as to the nature and effect of such proposed amendment and determination as to the following items:

1. How such change is consistent with the intent and purpose of these regulations;
2. The areas that most likely to be directly affected by such change and in what way they will be affected; and
3. Whether the proposed amendment is made necessary because of changed or changing conditions in the areas.

Action by Board of Trustees.

A. Adoption Of Amendments. The Board of Trustees shall consider the request. Upon the receipt of the recommendation of the Planning and Zoning Commission and any protest petitions that have been submitted, the Board of Trustees shall consider the application for a text amendment and may adopt the order with or without change or may refer it back to the Planning and Zoning Commission for further consideration and report.

B. Public Hearing And Notice. Whenever a proposed amendment is defeated, either by vote of the Board of Trustees or by reason of the operation of this Section, such amendment shall not thereafter be passed without a further public hearing and notice thereof as provided by this Article.

C. Official Master Plan. Upon the adoption or amendment of any such plan or part thereof by adoption of the appropriate resolution by the Planning and Zoning Commission, a certified copy of the plan or part thereof, together with a written summary of the hearing thereon, shall be submitted to the Board of Trustees. No Official Master Plan shall be effective unless approved by the Board of Trustees. An attested copy of the Official Master Plan and any amendments thereto shall be certified to the County Recorder of Deeds and to the Clerk of the Village of Indian Point.

Fees.
A. Reasonable fees to cover the costs of administration, inspection and similar matters may be charged to applicants for subdivision plat approval, appeals and variances. A list of all established fees related to land development is available from the Chairman of the Planning and Zoning Commission.
B. Fees established in accordance with Subsection A, above, shall be paid upon submission of a signed application by the petitioner or notice of appeal.

See Fees for a schedule of fees.