Kane City Zoning Code

An amendment to the text of this chapter or to a zone boundary may be initiated by the Borough Council, the Borough Planning Commission or by application of a property owner. The request by a property owner for an amendment shall be accomplished by filing an application with the Borough Secretary.

The Planning Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after the amendment is proposed and shall, within 40 days after the hearing, recommend to the Borough Council approval, disapproval or modified approval of the proposed amendment. After receiving the recommendation of the Planning Commission, the Borough Council shall hold a public hearing on the proposed amendment.

The Borough Secretary shall maintain records of amendments to the text and Zoning Map of the chapter.

A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendment shall be heard and decided as provided in Act 247, Article X.[1] The curative amendment shall be subject to the Planning Commission review, according to Act 247, Article VI.[2]

No application of a property owner for an amendment to the text of this chapter or to a zone boundary shall be considered by the Planning Commission within the one-year period immediately following a previous denial of such request; except the Planning Commission may permit a new application if in the opinion of the Planning Commission new evidence of a change of circumstances warrant it.