The City Council, from time to time, may supplement, change or generally revise the boundaries or regulations contained in zoning regulations by amendment. A proposal for such amendment shall be initiated by the City Council or the Planning Commission. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the amendment may be initiated by application of the owner of property affected. Any such amendment, if in accordance with the adopted comprehensive plan, shall be presumed to be reasonable.

(Zoning Ord. 2009, § 17.150.010)

All such proposed amendments first shall be submitted to the Planning Commission for recommendation. The Planning Commission shall hold a public hearing thereon at its next regular meeting for which the application is scheduled, shall cause an accurate written summary to be made of the proceedings, and shall give notice in a newspaper of general circulation at least fifteen (15) days prior to the public hearing. Such notice shall fix the time and place for such hearing and contain a statement regarding the proposed changes in regulations or restrictions or in the boundary or classification of any zone or district. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration.

(Zoning Ord. 2009, § 17.150.020)

Publication of notices shall be in accordance with Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-14 et seq.) which states: "Notice shall be given as to the time and place of the hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one (1) or more newspapers published in the municipality."

(Zoning Ord. 2009, § 17.150.030)

A.

A majority of a quorum of the Planning Commission present at the public hearing shall be required to recommend approval or denial of the amendment to the City Council. If the Planning Commission fails to make a recommendation on a rezoning request, the Planning Commission shall be deemed to have made a recommendation of approval. When the Planning Commission submits a recommendation of approval or disapproval of such amendment and the reasons therefor, the City Council shall: (1) Adopt such recommendation by ordinance; (2) Override the Planning Commission's recommendation; or (3) Return such recommendation to the Planning Commission with a statement specifying the basis for the City Council's failure to approve or disapprove.

B.

If the City Council returns the Planning Commission's recommendation, the Planning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefor or submit a new and amended recommendation. Upon the receipt of such recommendation, the City Council, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by the respective ordinance or it need take no further action thereon. If the Planning Commission fails to deliver its recommendation to the City Council following the Planning Commission's next regular meeting after receipt of the City Council's report, the City Council shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly. The proposed rezoning shall become effective upon publication of the respective adopting ordinance or resolution.

(Zoning Ord. 2009, § 17.150.040)

Any party desiring any change in zoning district boundaries or regulations contained in these Zoning Regulations, as to any lot, tract or area of land, shall file with the Community Development Director an application, and such application shall be accompanied by such data and information as prescribed in these Regulations.

(Zoning Ord. 2009, § 17.150.050)

A.

An application fee in the amount established in Title 4 shall accompany each application filed with the City. Promptly upon the filing of any such application, the Community Development Director shall refer the application to the Planning Commission agenda for study and public hearing. The Planning Commission shall submit a written recommendation to the City Council.

B.

For applications seeking a "planned" zoning (i.e., P-BP4, P-BP3, etc.) a retainer fee in the amount established in Title 4 shall accompany each application filed with the City. This retainer will be used to reimburse the City for its costs for planners, engineers, attorneys and other professional services when their services are provided to the City in relation to the applicant's submittal. Costs over and above the retainer fee will be invoiced to the applicant. Promptly upon the filing of any such application, the Community Development Director shall refer the application to the Planning Commission agenda for study and public hearing. The Planning Commission shall submit a written recommendation to the City Council.

(Zoning Ord. 2009, § 17.150.060)

A.

Upon the adoption or amendment of any such plan or part thereof by majority vote of the Planning Commission, a certified copy of the plan or part thereof, together with a written summary of the hearing thereon, shall be submitted to the City Council. No comprehensive plan shall be effective unless approved by the City Council.

B.

An attested copy of the comprehensive plan and any amendments thereto shall be sent to all other taxing subdivisions in the planning area which request a copy of such plan.

(Zoning Ord. 2009, § 17.150.070)

In order to recommend approval or disapproval of a proposed zoning district amendment, the Planning Commission shall consider the following matters:

A.

Character of the neighborhood.

B.

Whether the proposed amendment promotes the health, safety, quality of life, comfort and general welfare of the City and its planning area.

C.

Consistency with the comprehensive plan and regulations of the City of Collinsville.

D.

Adequacy of public utilities and other needed public services.

E.

Suitability of the uses to which the property has been restricted under its existing zoning.

F.

Compatibility of the proposed district classification with nearby properties.

G.

The extent to which the zoning amendment may detrimentally affect nearby property.

H.

Whether the proposed amendment provides a disproportionately great loss to the individual landowners nearby relative to the public gain.

(Zoning Ord. 2009, § 17.150.080)

When a proposed amendment would result in a change in the text of these regulations, but would not result in a change of zoning classification of any specific property, the recommendation of the Planning Commission shall contain a statement as to the nature and effect of such proposed amendment and determination as to the following items:

A.

Whether such change is consistent with the intent and purpose of these regulations;

B.

The areas which are most likely to be directly affected by such change and in what way they will be affected; and

C.

Whether the proposed amendment is made necessary because of changed or changing conditions in the areas and zoning districts affected, or in the area of jurisdiction of such changed or changing conditions.

(Zoning Ord. 2009, § 17.150.090)

Regardless of whether or not the City Council approves or disapproves a zoning amendment, if a protest against such amendment is filed in the office of the City Clerk within fifteen (15) days after the date of the conclusion of the public hearing pursuant to said publication notice, signed by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered, such amendment shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the City Council.

(Zoning Ord. 2009, § 17.150.100)

A.

One continuance as of right. Any applicant or authorized agent shall have the right to one (1) continuance of a public hearing before the Commission, Governing Body or Board, provided that a written request is filed with the Community Development Director at least two (2) business days prior to the date of the scheduled hearing. The applicant shall make every attempt to notify all persons previously notified of the continuance either by mail or telephone.

B.

Additional continuances. In addition to the procedure provided for in Subsection A of this section, the Commission, Board or the Governing Body may grant a continuance. A majority vote of those members of the official body present at the meeting shall be required to grant a continuance. The record shall indicate the reason for the continuance and any stipulations or conditions placed upon the continuance. If the Commission, Governing Body or Board continues a public hearing on its own motion, it may direct the Community Development Director to re-notify property owners that previously received mail notice if such notification was required in the first instance. If the continuance is made at the request of the applicant, the Commission, Governing Body or Board may direct the applicant to re-notify property owners that previously received mail notice. Such re-notification shall be in the same manner as the original notice. Where such re-notification is to be made by the applicant, an affidavit shall be submitted that such re-notification has occurred.

C.

Treatment of motion for continuance. If a motion to grant a continuance provides the date on which the matter will be heard, re-publication of notice is not required. If a motion to grant a continuance does not specify a date on which the matter will be heard, public notice, pursuant to this Subsection C as applicable, shall be provided prior to the date on which the matter is heard.

(Zoning Ord. 2009, § 17.150.110)