This Code may be amended in accordance with State Law (65 ILCS 5/11-13-14) and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, conditional, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the city council, the zoning enforcement officer, city planner, the zoning board of appeals, the plan commission, and by any person, form or corporation having freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest in which is specifically enforceable on the land which is described in the application for an amendment, provided that any private individual or entity requesting an amendment shall, if not the legal owner of record, do so only with the written consent of the legal owner of record.

(a)

Filing. Every proposal to amend this chapter shall be filed with the city clerk. If the amendment is proposed by a private individual or entity such proposal shall be accompanied by the established fee. The city clerk will promptly transmit said proposal to the city planner.

(b)

Plan commission referral. The city planner will refer applications to the plan commission for review and recommendation. Any application referred to the plan commission will be deemed complete. Incomplete applications will not be referred to the plan commission.

(c)

Public hearing, notice; and posting of sign.

(1)

The plan commission shall hold a public hearing on every proposed amendment within 60 days after said application is submitted to them. At the hearing any interested party may appear and testify; either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of hearing, and the nature of the proposed amendment shall be given not more than 30 nor less than 15 days before the hearing by publication in a newspaper of general circulation within this municipality.

(2)

The applicant shall also give written notice to the person who was assessed for the real estate taxes for the previous year on all property adjacent to the parcel of land for which the amendment is proposed. The written notices shall be delivered personally or may be sent by certified mail, properly addressed, with sufficient postage affixed thereon. The applicant shall submit the registered return receipt from the certified mail and a sworn affidavit with a copy of the notice to the city clerk, showing the names and addresses of the persons to whom the written notice has been provided. Said affidavit shall be a presumption of the giving of said notices.

(3)

The owner of any property for which a petition for a zoning change (amendment) has been filed shall, for a period of at least 15 days prior to the hearing, post a sign on such property giving notice of the petition for a zoning variance. The sign shall be provided by the city and the city shall direct where on the property the owner shall erect the sign.

(d)

Advisory report, findings of fact. Within 30 days after the close of the public hearing, the plan commission shall submit their advisory report to the city council. The report shall state the recommendations of the plan commission regarding adoption of the proposed amendment and their reasons. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the plan commission shall include in their advisory report findings of fact concerning each of the following matters:

(1)

Existing use(s) and zoning of the property in question;

(2)

Existing use(s) and zoning of other lots in the vicinity of the property in question;

(3)

Suitability of the property in question for uses already permitted under existing regulations

(4)

Suitability of the property in question for the proposed use;

(5)

The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned; and

(6)

The effect the proposed rezoning would have on the city's plan for future development.

(e)

Action by the city council. The city council shall act on every proposed amendment within 30 days of the submission of the plan commission's advisory report. Without further public hearing the city council may pass any proposed amendment or may refer it back to the plan commission for further consideration by simple majority vote of all the members of the city council.

Exception: The favorable vote of at least two-thirds of all the members of the city council is required to pass an amendment to this chapter when the proposed amendment is opposed, in writing, by the owners of 20 percent of the front proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across the alley there from, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered (see 65 ILCS 5/11-13-14)

(Ord. of 9-17-2013, § 20; Ord. No. O34-2020, § 6, 5-19-2020)