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Alton City Zoning Code

CHAPTER 14

AMENDMENTS

11-14-1: AUTHORITY:

The city council may from time to time, on its own motion or on petition, amend, supplement, change, modify, or repeal by ordinance the boundaries of districts or regulations, or restrictions herein established. (Ord. 6734, 6-11-2003)

11-14-2: APPLICATION PROCEDURES:

The city council may from time to time amend, supplement, change or repeal, by ordinance, the boundaries of the districts or the regulations herein established. The amendment process may be initiated by the city council, the city plan commission, the board of appeals, the city planner, the corporation counselor, the city attorney or petitioned for by any interested person when the amendment involves the revision of text. If the proposed amendment involves the reclassification of property, then the amendment process may only be initiated by the city council, the city plan commission, the board of appeals, the city planner or petitioned for by the owners of more than fifty percent (50%) of the property to be reclassified. In addition, the following procedures shall be adhered to: (Ord. 6734, 6-11-2003)
   A.   Fee: Except in the case where the amendment process is initiated by the city council, the city plan commission, the board of appeals, the city planner, the corporation counselor or the city attorney, a fee of two hundred fifty dollars ($250.00) shall be deposited with the city clerk in conjunction with a completed application. Under no condition shall said fee or any part thereof be refunded for failure of such proposed amendment to be enacted into law. (Ord. 6734, 6-11-2003; amd. Ord. 7438, 12-17-2014)
   B.   Additional Materials And Information: In addition to the aforementioned fee and completed application, applicant must submit other pertinent materials and information as procedurally determined by the city plan commission and the city planner.
   C.   Planning Department: Upon submission of the fee, completed application, materials and information, the city clerk shall refer the applicant to the planning department for consultation. At the discretion of the city planner a meeting may be arranged, prior to the public hearing, to review the proposed amendment in greater detail. (Ord. 6734, 6-11-2003)

11-14-3: CITY COUNCIL REFERRAL TO PLAN COMMISSION:

Before taking action on any proposed amendment, supplement, change or repeal, the city council shall refer the same to the city plan commission for its recommendation and report. (Ord. 6734, 6-11-2003)

11-14-4: PUBLIC HEARING:

A public hearing shall be held by the city plan commission before recommending any proposed amendment, supplement, change or repeal. Notice shall be given stating the time and place of such hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publication at least once in a newspaper of general circulation within the corporate limits of the city. In addition, the following shall be adhered to:
   A.   The public hearing shall be held according to the procedures established by the city plan commission. Any person may appear and speak in person, or by agent or attorney.
   B.   The presence of a majority of the members of the plan commission shall constitute a quorum. No action shall be taken by the plan commission unless a quorum is present.
   C.   Upon conclusion of the public hearing, the city plan commission may take action upon any proposed amendment before it in the form of a positive or negative recommendation. Said recommendation shall be forwarded to the city council within a reasonable period of time.
   D.   The city plan commission may postpone, continue or adjourn from time to time any public hearing upon a majority vote of the members. In such a case, additional information will be received by the plan commission, for review, seven (7) days after such action is taken. Additionally, no further publication of such action need be made. (Ord. 6734, 6-11-2003)

11-14-5: CITY COUNCIL VOTE:

It shall take a favorable vote of five (5) members of the city council to amend, supplement, change or repeal, by ordinance, the boundaries of the districts or the regulations herein established in either of the following instances: (Ord. 6817, 6-9-2004)
   A.   In the event the city plan commission recommends a negative vote on a proposed amendment to any portion of this title.
   B.   In case of a written protest against any proposed change in the classification of land, signed by the owners of forty percent (40%) of the lots proposed to be rezoned, or signed by the owners of forty percent (40%) of the lots any part of which are included within the area defined by a line extended two hundred fifty feet (250') outward in all directions from the perimeter of the land sought to be rezoned, filed with the city clerk of Alton prior to the commencement of the city council meeting in which a vote on the proposed rezoning is taken. The protest document need not be acknowledged, but shall bear the signatures and common street addresses of those signing such document, and identify the property which each signatory owns. For purposes of this section, the perimeter of the subject lot shall be considered to be the property line of the lot of land, excluding any land within a public dedicated right of way, and excluding any land lying within a railroad right of way; the owner of property shall be considered to be any of the following: the record owner of the fee title, the contract seller and the contract buyer of such property. (Ord. 6734, 6-11-2003)

11-14-6: LIMITATION ON INITIATING AMENDMENT ACTION:

A party shall not initiate the same action for a zoning amendment affecting the same land more often than once every eighteen (18) months. (Ord. 6734, 6-11-2003)