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Momence City Zoning Code

CHAPTER 12

ZONING AMENDMENTS

9-12-1: PETITION FOR AMENDMENT:

The city council, the plan commission, other governmental bodies and any private petitioner may apply for an amendment in the text of this title, and in the zoning map made a part hereof by reference. Any petition for an amendment by a private party shall be accompanied by a filing fee of one hundred dollars ($100.00), which fee shall be deposited with the city treasurer within fifteen (15) days after the receipt thereof and no part shall be returnable to the petitioner. (Ord. 233, 7-3-1978)

9-12-2: REVIEW OF PETITION:

The regulations imposed and the zoning districts erected under this title 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 city council within forty five (45) days of the date the petition was submitted to the plan commission, unless it is withdrawn by the petitioner. (Ord. 233, 7-3-1978)

9-12-3: 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 fifteen (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. (Ord. 233, 7-3-1978)

9-12-4: WRITTEN PROTEST:

In the event of written protest against the proposed amendment signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley or rear line therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered as to such regulations or zoning district, filed with the city clerk, such amendment shall not be passed except by the favorable vote of three-fourths (3/4) of all the members of the city council of the city. (Ord. 233, 7-3-1978)

9-12-5: FINAL DECISION:

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. 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 city council except by the favorable vote of three-fourths (3/4) of all the elected members of the city council. (Ord. 233, 7-3-1978)