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Kewanee City Zoning Code

AMENDMENTS

§ 155.205 PETITION FOR AMENDMENT.

   (A)   The City Council, the Plan Commission and other governmental bodies, and any private petitioner may apply for an amendment in the text of the zoning code and in the zoning map. Any petition for an amendment by a private party shall be accompanied by a filing fee as established by the Council, which fee shall be deposited with the City Clerk within 15 days after the receipt thereof and no part shall be returnable to the petitioner.
   (B)   All petitioners for amendments to the zoning code, special uses or variances and all petitioners for the annexation of territory to the city shall at the time said matter is set for hearing before the Plan Commission of the city, furnish to the City Attorney a plat on legal sized paper of the area described in the petition with all boundaries and dimensions clearly marked on paper from which a reproduction can be made.
   (C)   In the event there are any changes made at the request of the petitioner, by the findings of the Plan Commission, or the action of the Council, the petitioner shall furnish a plat as described herein conforming to the said changes to the City Attorney.
   (D)   The plat herein described shall be attached to the ordinance or resolution passed by the Council in taking final action upon the petition and no resolution or ordinance rezoning property, granting a special use or a variance or annexing territory to the city shall be in effect until such plat is furnished and attached to the said resolution or ordinance.
('71 Code, § 11-21-1) (Ord. 1413, passed 9-13-60; Am. Ord. 1562, passed 3-10-69)

§ 155.206 REVIEW OF PETITION.

   The regulations imposed and the zoning districts created under this chapter may be amended by ordinance but no such amendment shall be made by the City Council without public notice and without a public hearing before the Plan Commission of the city. The Plan Commission shall hold the public hearing and forward its recommendations to the Council within 45 days of the date the petition was submitted to the Plan Commission, unless it is withdrawn by the petitioner.
('71 Code, § 11-21-2) (Ord. 1413, passed 9-13-60)

§ 155.207 NOTICE OF PUBLIC HEARINGS.

   The Plan Commission of the city shall cause notice of public hearing of petitioner's application to be given in the following manner:
   (A)   By publishing notice of the time and place of such hearing in a paper of general circulation in the city at least 15 days prior to the hearing;
   (B)   By causing said notice to contain the particular location for which the amendment is requested, as well as a brief statement describing the proposed amendment; and
   (C)   By notifying such property owners, groups or organizations as it deems desirable of the proposal.
('71 Code, § 11-21-3) (Ord. 1413, passed 9-13-60)

§ 155.208 WRITTEN PROTEST.

   In the event of a written protest against the proposed amendment signed and acknowledged 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 the alley or rear line therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered as to such regulations or zoning district, and filed with the City Clerk, such amendment shall not be passed except by the favorable vote of three-fourths of all the members of the City Council.
('71 Code, § 11-21-4) (Ord. 1413, passed 9-13-60)

§ 155.209 FINAL DECISION.

   (A)   The City Council, without further public hearing, may adopt or deny the report of the Plan Commission for any proposed amendment, or may refer the petition back to the Plan Commission for further consideration.
   (B)   Any proposed amendment which fails to receive the approval of a majority of the Plan Commission members, and is so reported, shall not be passed by the Council except by the favorable vote of three-fourths of all the elected members of the Council.
('71 Code, § 11-21-5) (Ord. 1413, passed 9-13-60)