A. Authority: The council may amend this title in accordance with state law 1 , and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the council, administrator, the board of appeals, or any party in interest.
B. Filing Amendment; Fee: Every proposal to amend this title shall be filed with the administrator on a prescribed form. Every amendment proposal shall also be filed with the soil and water conservation district as per 70 Illinois Compiled Statutes 405/22.02a. The administrator shall promptly transmit said proposal, together with any comments or desired recommendations, to the board of appeals who will conduct a public hearing. A filing fee is required. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)
C. Public Hearing; Notice: The zoning board of appeals shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted thereto. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed amendment shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing:
1. By publication in a newspaper of general circulation within the city; and
2. When the amendment involves a rezoning, not a text amendment, by first class mail to all parties whose property abuts the property(ies) for which rezoning is requested.
D. Advisory Report; Findings Of Fact: Within a reasonable time after the public hearing, the board of appeals shall submit their advisory report to the council. The report shall state recommendations of the board of appeals regarding adoption of the proposed amendment, and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the board of appeals shall include in their advisory report findings of fact concerning each of the following matters:
1. Existing use(s) and zoning of the property in question;
2. Existing use(s) and zoning of other lots in the vicinity of the property in question;
3. Suitability of the property in question for uses already permitted under existing regulations;
4. Suitability of the property in question for the proposed use; and
5. The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned.
E. Council Action: The council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the advisory report of the board of appeals. Without further public hearing, the council may pass or deny any proposed amendment or may refer it back to the board of appeals for further consideration by simple majority vote of all the members then holding office. (Ord. 1148, 4-27-1987, eff. 6-1-1987)
F. Protests: The favorable vote of at least two-thirds (2/3) of all the members of the council is required to pass an amendment to this title when the proposed amendment is opposed, in writing, by the owners of twenty percent (20%) of the frontage proposed to be altered, by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered 2
. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)
G. Rezones From Rural-Agricultural District To Industrial District: The city council may amend the rural-agricultural zone district to the industrial zone by suspension of the above procedures upon a finding of fact at the city council level that the community's economic development will be enhanced by the amendment. The city council may initiate the proceeding. (Ord. 1148, 4-27-1987, eff. 6-1-1987)
Notes
| 1 | 1. 65 ILCS 5/11-13-14. |
| 2 | 1. 65 ILCS 5/11-13-14. |