(A) Intent. The regulations imposed and the districts created by this chapter may be amended from time to time by ordinance after the ordinance establishing same has gone into effect, but no amendments shall be made without a hearing before the Plan Commission.
(B) Application for amendment. All applications for amendment to this chapter shall be filed with the Administrative Officer in such form and accompanied by such information as required by the Plan Commission and shall include a disclosure of beneficial interests as required by § 159.046. In the case of applications to amend the zoning district map, such applications shall be filed by the legal or beneficial owner of the property for which an amendment is sought. All such applications shall be forwarded to the Plan Commission at the Plan Commission’s next available agenda after all required notices have been provided in accordance with state statutes and city ordinances.
(C) Hearing on application. Within 60 days of receipt of any application by the Administrative Officer for an amendment, the Plan Commission shall hold a hearing on such application at such time and place as shall be established by the Plan Commission. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Plan Commission may, by rule, prescribe from time to time.
(D) Notice of hearing. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation in the city not more than 30 nor less than 15 days before such hearing. Supplemental or additional notices may be published or distributed as the Plan Commission may, by rule, prescribe from time to time.
(E) Findings of fact and recommendation of the Plan Commission.
(1) The Plan Commission shall make written findings of fact and shall submit same together with its recommendations to the City Council within 30 days after the close of the hearing on a proposed amendment. The Plan Commission’s report to the City Council shall indicate the vote of each member present and voting upon every recommendation and shall contain a statement of reasons why a member or members did not vote in favor of a recommendation.
(2) Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(a) The zoning classification of property within the general area of the property in question;
(b) Existing uses of property within the general area of the property in question;
(c) The suitability of the property in question to the uses permitted under the existing zoning classification;
(d) The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification; and
(e) That there are chances of changing conditions in the applicable area of the amendment, or in the city generally, that make the proposed amendment reasonable necessary to the promotion of the public health, safety or general welfare.
(3) The Plan Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the petitioner. The Plan Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the petitioner. For the purpose of this division (E)(3), the R-5 District shall be considered the highest classification and the B-2 District shall be considered the lowest classification.
(F) Action by the City Council.
(1) The City Council shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the Plan Commission on the proposed amendment.
(2) Upon receipt of a written report and recommendation from the Plan Commission the City Council shall place such report and recommendation on its agenda within 30 days. The City Council may grant or deny any application for an amendment, provided however, that in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Clerk of the city, the amendment shall not be passed except by a favorable vote of two-thirds of the aldermen then holding office or such vote as may be required by 65 ILCS 5/11.
(G) Repeal of amendment. In any case where a change of boundary lines of the zoning district map has been granted, and where no development has taken place within one and one-half years, the Plan Commission may, after written notice to the owner of record of the property and after notice and hearing as herein provided for amendments, recommend to the City Council that such zoning be affirmed or repealed and rezoned to its most appropriate district classification.
(Prior Code, § 46-23) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)