Carrollton City Zoning Code
AMENDMENTS
§ 159.370 AMENDMENTS.
The City Council may amend this chapter in accordance with state law 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 City Council, the Administrator, the Zoning Board of Appeals, the Plan Commission or any party in interest.
(Prior Code, § 40-10-30)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-14
§ 159.371 FILING.
Every proposal to amend this chapter shall be filed with the Administrator on a prescribed form. Every amendment proposal shall also be filed with the Soil and Water Conservation District pursuant to state law. The Administrator shall promptly transmit said proposal, together with any comments or recommendations he or she might wish to make to the Plan Commission for a public hearing. (Note: a filing fee is required in § 159.292 of this chapter.)
(Prior Code, § 40-10-31)
§ 159.372 PUBLIC HEARING; NOTICE.
(A) The Plan Commission shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted to them. 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 first-class mail to all parties whose property is within 250 feet of the property affected by the proposed amendment; and
(2) By publication in a newspaper of general circulation within the city.
(Prior Code, § 40-10-32)
§ 159.373 ADVISORY REPORT; FINDINGS OF FACT.
(A) Within a reasonable time after the public hearing, the Plan Commission shall submit its advisory report to the City Council. The report shall state the recommendations of the Plan Commission regarding adoption of the proposed amendment and the 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 and zoning of the property in question;
(2) Existing uses 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 that property was initially zoned or last rezoned.
(Prior Code, § 40-10-33)
§ 159.374 ACTION BY CITY COUNCIL.
(A) The City Council shall act on every proposed amendment at its next regularly scheduled meeting following submission of the advisory report of the Plan Commission. Without further public hearing, the City Council may approve or disapprove any proposed amendment or may refer it back to the Plan Commission for further consideration by simple majority vote of all the members then holding office.
(B) The favorable vote of at least two-thirds of all the members of the City 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 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.
(Prior Code, § 40-10-34)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-14
§ 159.999 PENALTY.
(A) Any person who is convicted of a violation of this chapter shall be fined not less than $50, nor more than $500, plus costs. Each day on which a violation continues shall be considered a separate offense.
(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.
(Prior Code, § 40-9-8)