The purpose of this article is to establish procedures for amending this chapter and for conducting hearings regarding such amendments and other zoning action. The procedures are intended to provide adequate notice of pending zoning action, to provide a fair and impartial hearing, and to establish an environment for sound and rational decisions.

The regulations imposed and the districts created by this chapter may be amended by ordinance. Said amendments shall be initiated by application as provided in sections 37-753 and 37-754 herein. Said applications shall be scheduled by the Zoning Administrator for review by the Plan Commission at a public hearing, in accordance with the procedures contained in this article. Within twenty-eight (28) days of the close of the public hearing, the Plan Commission shall forward the application to the City Council with a recommendation for approval or denial.

(C.B. No. 99-18, § 1, 1-19-99)

The following parties may file for zoning action as specified in this chapter.

(a)

Map amendments. An application for a map amendment may be filed by the City Council, the Plan Commission, the Zoning Board of Appeals, the Planning Director, the property owner, contract purchaser with the owner's consent, or the owner's agent.

(b)

Landmarks, Historic Districts, and Conservation Districts. Nominations for Landmarks, Historic Districts, and Conservation Districts shall be made in accordance with Article X, Historic Preservation.

(c)

Text amendments. An application for a text amendment may be initiated by the City Council, the Plan Commission, the Zoning Board of Appeals, or the Planning Director.

(d)

Variations, special uses, provisional uses, planned developments. An application for a variation, special use, provisional use, or Planned Development may be filed by the City Council, the Plan Commission, the Zoning Board of Appeals, the Planning Director, the property owner, contract purchaser with the owner's consent, or the owner's agent.

Each application for zoning action as specified in this chapter shall be filed with the Planning Department. The application shall contain the following information on forms provided by the Planning Department.

(a)

Name and address of the applicant(s).

(b)

Existing zoning classification.

(c)

Requested zoning action.

(d)

Legal description and common address for each property for which zoning action is requested.

(e)

Reason and justification for the request.

(f)

Other relevant characteristics about the subject property as indicated on the application form.

Other than City initiated action, applicants for action shall submit evidence of their interest in the property along with complete disclosure of the legal and equitable ownership in any real estate affected for which zoning action is sought. Evidence of ownership may include a policy of title insurance, warranty deed, a legally binding contract to purchase, or other indication of ownership. If title is in a land trust in addition to proof of ownership, the trustee shall provide certification of the names, addresses, and percentage of interest of each beneficial owner. Where the petitioner is someone other than the owner, a letter of authorization from the legal owner shall accompany the application.

For map amendments, the applicant shall submit one reproducible site plan of existing conditions on the subject property. The site plan shall include the scale, north arrow, property lines, public streets adjoining the property, and if applicable, existing buildings, fences, access points, parking, and circulation areas. The site plan shall show all dimensions of lines, buildings, and setbacks, and include building height. For other zoning action, site plan submission shall meet the requirements of the section regulating such action.

The Planning Director may waive the requirement for a site plan if it is determined that information on the site plan is generally available from other sources, or that the nature of the request is such that the requirement for a site plan is not necessary to consider the zoning action. The Planning Director shall make the waiver in writing and such a waiver shall be submitted along with the application.

(a)

A fee shall accompany each application in accordance with the schedule established in chapter 26 of the Municipal Code.

(b)

The applicant shall pay the cost for the published notice as required in this article.

(c)

The applicant shall pay the cost for a title company to prepare a list of the taxpayers of record for all properties required to receive written notice as required in this article.

Notice of time and place of the hearing shall be published at least once, no more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper in general circulation within the City. The notice shall give the date, time, and place of the hearing and contain a brief description of the proposed zoning action. If the action pertains to a specific parcel or parcels, then the notice shall also contain either a legal description or the common street address or addresses and property index number ("PIN") or numbers of all the parcels of real property contained in the affected area.

(C.B. No. 2016-182, § 1, 9-6-16)

(a)

Applicants seeking a zoning action for real estate, which requires a public hearing in accordance with this chapter, shall furnish the Planning Department with a list of the latest taxpayers of record for all property, any portion of which, is located on or within the area defined by a line extended two hundred fifty (250) feet outward in all directions from the perimeter of the subject properties. The list of taxpayers shall be compiled from records maintained by the Champaign County Assessor's Office. The list shall reflect the most current records on file as of thirty (30) days before the opening of the public hearing. The measurement of all right-of-way shall be excluded in measuring the two hundred fifty (250) foot perimeter. If any part of a condominium property is located within two hundred fifty (250) feet of the subject property, the name of each taxpayer of record for each condominium unit shall also be submitted to the Planning Department.

(b)

The Planning Department shall give written notice by first class mail not less than fifteen (15) days, but not more than thirty (30) days before a public hearing to the following:

(1)

The owners, trustee, and general partners of the subject property for which zoning is sought as identified in accordance with this section.

(2)

The taxpayers for property within two hundred fifty (250) feet of the subject property as identified in accordance with this section.

The notice shall contain the date, place, and time for the public hearing on the application, the address of the subject property, a brief statement of the nature of the request, and the name of the petitioner. The City shall make a good faith effort to comply with the requirements of this section, however, failure to send the notice will not invalidate any action by the City.

(a)

An applicant seeking zoning action for any real estate, which requires a public hearing in accordance with this chapter, shall allow the Planning Department to cause to be posted weather proof signs adequate in size and number to be visible from the adjacent roadways. The Planning Department shall post the signs not less than fifteen (15) days, but no more than thirty (30) days prior to the date before the public hearing is opened. A good faith effort shall be made to keep the signs in place until the close of the public hearing, but in no case shall the signs remain after ten (10) days from the completion of the final public hearing.

(b)

The required sign shall contain the words "NOTICE OF PUBLIC HEARING" at the top of the sign. The sign must also indicate the requested zoning action, date, time, and place where the hearing shall be conducted, a statement that the public is invited, and the phone number for the City of Champaign Planning Department.

(c)

The Planning Director may waive the requirement to post the sign in cases of multiple lot rezonings where other measures are being used to notify interested parties. Such waiver shall be in writing and shall be submitted along with the application. The Planning Director shall notify the Plan Commission and City Council that such waiver has been granted.

(d)

The City shall make a good faith effort to comply with the requirements of this section, however, failure to comply with these requirements shall not invalidate any zoning action.

All hearings shall be held in a public place and shall be open to the public in accordance with State legislation regarding open meetings. At any hearing, any person may appear and be heard either in person or by an authorized agent or attorney. All persons shall testify under oath, to be administered by the chair. The body conducting the hearing may set its own rules for the conduct of its meetings consistent with the provisions of the City of Champaign Municipal Code and the laws of the State of Illinois.

Once a public hearing is opened, it shall only be closed by a majority of a quorum of the hearing body. By its own motion, or on approval of requests by applicants or their authorized agents, the hearing body may continue the public hearing from time to time. Continuances shall be permitted only for good cause, stated in the motion and shall be made to a date and time certain. If the time and place of the commencement of the next public hearing is not announced at the scheduled hearing, such continuances shall require a new public notice in accordance with this article. The applicant or other interested parties may request no more than two (2) continuances for a period of not more than sixty (60) days each and not more than one hundred twenty (120) days total from the date advertised in the published notice as the date of the public hearing.

(a)

Applicants, or their authorized agents, may request an amendment of an application for a zoning action by submitting a request in writing to the Planning Director prior to the beginning of the public hearing, or to the hearing body at the public hearing.

(b)

The request shall specify the proposed amendment and purpose for making the request.

(c)

Upon initial consideration of the amendment, the hearing body shall make a finding as to whether there is substantial difference between the case as it has been described in public notice, and the case as amended.

(d)

If substantial difference is found, new public notice shall be required, with fees paid by the applicant, before the hearing of the case may proceed.

(e)

The hearing body shall also determine whether the nature of the amendment is such as to require referral for re-examination by staff members having made reports on the original application or appeal. If such referral is found necessary, the hearing body may proceed with the hearing or may continue it to a time and place specified but shall not decide the case until it has considered the response from staff.

(C.B. No. 99-18, § 2, 1-19-99)

(a)

Decisions of the Plan Commission regarding an application for a zoning action shall be in the form of a recommendation to the City Council, unless otherwise specifically required by this chapter.

(b)

A recommendation for approval of the application shall include any recommended conditions to be placed on the action requested, if conditions are authorized by this chapter. If the Plan Commission recommends imposing conditions on the approval, the recommendation shall also include findings which support the need for imposing said conditions.

(c)

The Plan Commission shall make a recommendation on the application for a zoning action within twenty-eight (28) days of the close of the public hearing except as otherwise provided in this chapter. Failure of the Plan Commission to make a recommendation on a request within the time required by this chapter shall be deemed to be a recommendation to deny the application, unless the party making the application consents to an extension of time.

(d)

A council bill which approves the zoning action requested in the application shall be scheduled for consideration by the City Council within twenty-eight (28) days after the Plan Commission makes its recommendation, except as otherwise provided in this chapter. If the Plan Commission recommends approval of the application subject to conditions, the Council Bill shall include all of the recommended conditions.

(e)

If the Plan commission recommends to approve the application, the City Council may approve such application by a favorable vote of a simple majority of the quorum present.

(f)

If the Plan Commission recommends that the application be denied, the City Council may only approve of said application by a favorable vote of six (6) members of the City Council.

(g)

If the Plan Commission recommends that the application be approved, subject to conditions, the City Council may either approve said application subject to all of the conditions recommended by the Plan Commission, by a favorable vote of a simple majority of those present; or it may approve of said application without one or more of said recommended conditions by a favorable vote of six (6) members of the City Council.

(h)

In making a decision, the City Council may consider staff reports, testimony, exhibits, plans, or specifications which were considered by the Plan Commission. The Council may also consider comments made at its meeting prior to consideration of the zoning action.

(i)

If the Council Bill acting on the application is amended by the City Council in a manner other than as provided in paragraph (g) of this section, the Council shall, if the amendment substantially changes the zoning action requested in said application, refer the Council Bill back to the Plan Commission for review at a new public hearing. New public notice shall be required pursuant to the applicable provisions in this article. The Plan Commission shall then make a new recommendation, and forward the matter back to the City Council in accordance with the requirements of paragraphs (c) and (d) in this section. Any substantive amendment shall be presumed to have substantially changed the zoning action and result in automatic referral to the Plan Commission unless the Council incorporates in the motion to amend that such automatic referral is unnecessary.

(C.B. No. 99-18, § 3, 1-19-99)

If a valid written protest against any map amendment, conditional or special use, or Planned Development is filed with the City Clerk, then the action shall only be approved by the favorable vote of six (6) members of City Council. A valid protest shall meet the following criteria:

(a)

A valid protest shall be filed with the City Clerk by 5:00 p.m. three (3) business days before final action by City Council is scheduled to occur.

(b)

A written protest shall be signed by the owners of forty (40) percent or more of either:

(1)

The lots proposed to be altered; or

(2)

The lots, any part of which, are immediately adjoining, across from an alley or directly opposite the frontage proposed to be altered. If any lot or property, which meets the requirements of this subsection, has multiple owners, such lot shall be counted as protesting if at least fifty (50) percent of all owners of such lot signed the protest document.

(c)

The document shall identify the proposed zoning action, shall contain a statement of protest against the proposal, and shall attest that the signatories are the legal owners of property identified therein.

(d)

The document shall bear the signatures and common street addresses of those signing the document, and identify the property which each signatory owns. Each signature shall be properly notarized.

If an application is submitted to the Planning Department for substantially the same action which has been denied by the City Council within the last year, the Planning Director shall reject the application. One year shall be measured from the date of the decision by City Council. The decision of the Planning Director may be appealed to the Plan Commission.

(a)

If a petition for a map amendment, text amendment or Interim Development Ordinance is filed by City Council, Plan Commission, or the Planning Director, then during the period the case is under consideration no use of any building or land may be changed, no building permit may be issued, and no building may be erected, reconstructed, converted, enlarged, structurally altered, or established except in accordance with the terms of either the existing regulations or the proposed regulations of the proposed amendment or Interim Development Ordinance as published, whichever is more restrictive.

(b)

The period of consideration shall be defined as beginning the day after the date of publication of notice as required elsewhere in this article and ending the day after either:

(1)

The date the City Council passes or defeats an ordinance containing all or part of the proposed amendment or Interim Development Ordinance as published; or

(2)

The date of publication of notice by the Secretary canceling said notice, whichever date is earlier, but in no event for a period no longer than one hundred eighty (180) days after the date of publication of the notice as required elsewhere in this article.

(c)

The provisions of this subsection shall not apply to land, buildings, or structures if, in the opinion of the Zoning Administrator, a person who owns or has a right to use land, buildings or structures has made a substantial change in position prior to the date of publication of notice as required elsewhere in this article, including substantial expenditures or the incurrence of substantial obligations. This provision is in effect only if the person incurred the expenditure or obligation without knowledge of the proposed amendment and in reliance upon the probability that, under the provisions and district boundaries of this chapter, a building permit would be issued without knowledge of the proposed amendment and in reliance upon the probability that, under the provisions and district boundaries of this chapter, a building permit would be issued. Neither the acquisition of any interest in land, buildings or structures, nor expenditures made or obligations incurred in connection with such acquisitions shall be considered in determining whether there has been a substantial change in position.

(C.B. No. 2001-217, § 1, 9-4-01)

In order to promote/permit the effective implementation of a zoning or land use regulation study, the City Council may pass an Interim Development Ordinance (IDO) which regulates changes in the actual use of land while the City is conducting a zoning or land use study. The IDO shall regulate changes in land use or development which are expected to conflict with the purposes underlying a contemplated land use or zoning proposal.

An Interim Development Ordinance shall include at least the following:

(a)

A statement of the purpose of the ordinance.

(b)

A delineation of the boundaries of the affected area.

(c)

Use regulations.

(d)

The duration of the use regulations.

(e)

Provisions for variation or exceptions.

The IDO shall be adopted only after the notice and hearing provided for in this section. The following procedures shall supersede the procedures for notice and hearings as required elsewhere in this article.

(a)

Notice. Notice of the time and place of a public hearing before the City Council shall be published at least once, no more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper published in the City. Said notice shall include the proposed boundaries of the area affected by the proposed IDO and a brief description in general terms of the proposed IDO. Copies of the proposed IDO shall be available to the public at the time of Notice of Publication. This publication shall initiate the provisions for a stay of action.

(b)

Hearing. The City Council shall conduct a public hearing on the proposed IDO in accordance with its rules. The public hearing before the City Council may be continued from time to time in accordance with the provisions of this article.

(c)

Amendment. The City Council may amend the proposed IDO by motion before the close of the public hearing. The amended, proposed IDO, shall constitute the "interim ordinance as published" under the provisions of this article. The amended version of the proposed IDO shall be available to the public no less than five (5) days prior to the closing of the public hearing. No amendment shall be permitted which includes additional properties outside the terms of the original proposed IDO without a new notice as provided in this subsection.

(d)

Adoption. The City Council may adopt the proposed ordinance at any time after the public hearing is closed.

The IDO shall be effective for a period of time no longer than three hundred sixty-five (365) days after the date of passage by City Council. The IDO may be extended for a period of up to one hundred eighty (180) days beyond the original duration set forth in the ordinance. If City Council finds that such extension is necessary to permit the completion of the planning or zoning study which was contemplated by the IDO, the extension shall be by ordinance.