(A)   The Council may amend this chapter in accordance with state law (65 ILCS 5/11-13-14) and the provisions of this section.

   (B)   Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments.

   (C)   Amendments may be proposed by the Council, the Administrator, the Board of Appeals, the Planning Commission or any party in interest.

(1960 Code, § 60-12-20)

   Every proposal to amend this chapter shall be filed with the Administrator on a prescribed form. The Administrator shall promptly transmit said proposal, together with any comments or recommendation he or she may wish to make, to the Board of Appeals for a public hearing.

(1960 Code, § 60-12-21)

   (A)   The Board of Appeals shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted to it. At the hearing, any interested party may appear and testify, either in person or by duly-authorized agent or attorney.

   (B)   Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment shall be given not more than 30, nor less than 15, days before the hearing:

      (1)   By publication in a newspaper published within the city;

      (2)   When the amendment involves a rezoning, not a text amendment, by registered mail to all parties whose property abuts the property for which rezoning is requested; and

      (3)   By placement of a temporary sign on the subject property and the property owner shall grant authorization for said placement.

(1960 Code, § 60-12-22) (Ord. 7537, passed 10-3-2011)

   (A)   Within a reasonable time after the public hearing, the Zoning Board of Appeals shall submit its advisory report to the Council. The report shall state the Board of Appeals’ recommendations regarding adoption of the proposed amendment and its reasons therefor.

   (B)   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 its 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;

      (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; and

      (6)   The effect the proposed rezoning would have on implementation of the city’s Comprehensive Plan.

(1960 Code, § 60-12-23)

   (A)   (1)   The Council shall act on every proposed amendment at its next regularly scheduled meeting following submission of the Board of Appeals’ advisory report.

      (2)   Without further public hearing, the Council may pass 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.

   (B)   Exception: the favorable vote of at least two-thirds of all the members of the Council is required to pass an amendment to this chapter when the proposed amendment is opposed, in writing, by the owners of 20% of the frontage proposed to be altered, or by 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.

(1960 Code, § 60-12-24)

   (A)   Withdrawal of application. A Petitioner may withdraw an application at any time prior to a final decision being rendered by the City Council. Such withdrawal shall not prohibit petitioner from being able to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to all applicable procedures and fees within the city code in the same manner as any other new application.

   (B)   Repeated application. Where an application for an amendment has been filed by or on behalf of the owner or owners of the property affected, no subsequent application requesting substantially the same relief, as determined by the city, shall be filed as to the same property within a period of six months following final action by the City Council subject to all applicable fees.

(1960 Code, § 60-12-25) (Ord. 7215, passed 1-5-2009)

   (A)   Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be fined not less than $250, nor more than $1,000, plus costs, for each offense. For the second offense of conviction of any provision of this chapter, the person shall be fined $500, for a third offense the fine shall be $750 and for a fourth offense the fine shall be $1,000. Each day said violation continues shall be deemed a separate and distinct offense. As a part of the judgment, the defendant must comply with all applicable codes and ordinances relating to the property which is the subject of the violation.

   (B)   Nothing contained in this section shall prevent the city from taking any other lawful action that may be necessary to secure compliance with this chapter.

(1960 Code, § 60-10-14) (Ord. 7102, passed 4-8-2008)