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East Moline City Zoning Code

CHAPTER 30

DISTRICT CHANGES AND ORDINANCE AMENDMENTS

10-30-1: ORDINANCE AMENDMENTS:

In accordance with the provisions of 65 Illinois Compiled Statutes 5/11-13-1 et seq., the City Council may, from time to time, amend or change by ordinance, the number, shape or area of districts established on the Zoning Map or the regulations set forth in this title; but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall first be submitted to the Plan Commission for approval, disapproval or suggestions, and said commission shall have been allowed a reasonable time, not less than thirty (30) days, for consideration and report. (Ord. 18-08, 6-3-2019)

10-30-2: PUBLIC HEARING:

Before submitting its recommendations and report to the Council, the Plan Commission shall hold a public hearing on the proposed amendment, supplement or change. It shall give not less than fifteen (15) nor more than thirty (30) days' notice of the time and place of such hearing by publication in a newspaper published in the community and by mailing notices to all property owners directly involved, contiguous to, directly across a street or alley from, the area proposed to be altered. (Ord. 18-08, 6-3-2019)

10-30-3: APPLICATION FOR CHANGE:

Any person desiring a change in zoning of property may make application therefor, in so doing shall accompany the petition for such change in zoning, or the ordinance introduced for the purpose of changing such zoning, with a statement giving the names and addresses of the owners of all properties lying within the block where the proposed change is to be. Such petition or ordinance seeking a change in zoning shall be accompanied with a fee in the amount of one hundred dollars ($100.00) toward the cost of processing the application. Should the application be withdrawn prior to publication of legal notice thereon, such fee will be returned upon written request of the applicant. (Ord. 18-08, 6-3-2019)

10-30-4: PUBLIC EXAMINATION:

During the fifteen (15) days prior to the public hearing the text or copy of the text of such ordinance or petition, together with the maps or plans or copies thereof shall be on file, for public examination, in the Office of the Secretary of the Plan Commission. No ordinance which differs from the recommendation made by the Plan Commission shall be adopted unless passed by not less than three-fourths (3/4) of all members of the Council. (Ord. 18-08, 6-3-2019)

10-30-5: PROTESTS:

In case of a written protest against a proposed change in the boundaries of a district signed and acknowledged by twenty percent (20%) or more of the owners of the frontage immediately adjoining or across an alley therefrom, or directly opposite the frontage proposed to be altered, is filed with the City Clerk, such amendment shall not be passed or become effective except by the favorable vote of two-thirds (2/3) of all members of the Council. (Ord. 18-08, 6-3-2019)

10-30-6: FAILURE TO NOTIFY:

The failure to notify, as provided by this chapter, shall not invalidate an ordinance, provided such failure was not intentional, and the omission of the name of any owner or occupant of property who may, in the opinion of the City Plan Commission, be affected by such amendment, supplement or change, unless such omission is intentional, and shall not invalidate any ordinance passed hereunder, it being the intention of this chapter to provide forenotice of an ordinance change to the persons substantially interested in or affected by the proposed change. (Ord. 18-08, 6-3-2019)

10-30-7: REFILING OF DENIED REQUESTS:

Upon denial by the City Council of an application to change the zoning of a particular property, a second zoning request which is not substantially or materially different from the denied request shall not be accepted from the same or a different person, for a public hearing to be held within six (6) months from the date of City Council denial. Subsequent requests which are also not substantially or materially different shall not be accepted for a public hearing to be held within one year from the last date of City Council denial. The Zoning Board of Appeals shall determine whether a request is substantially or materially different and submittable, although the City Council may, by majority vote, reverse a decision of the Zoning Board of Appeals to not accept a rezoning request for public hearing. (Ord. 18-08, 6-3-2019)